Muhammadan Law

Principles of Muhammadan Law had no force of law as the book was authored by Dinshah Fardunji Mullah and was only a reference book

Book in question did not have force of law and did not come under the ambit of law as provided under Art. 203B(c) of the Constitution

Federal Shariat Court declined to interfere in the matter as the matter had already been thrashed out in an earlier judgment titled Najaat Welfare Foundation v. Federation of Pakistan and others, reported as PLD 2021 FSC 1

Shariat petition was dismissed, in circumstances.

Marriage-Question relating to status of fifth wife married by Muslim in presence of four legally-wedded wives and of paternity of children born out of fifth wife-Special Leave to Appeal granted by Supreme Court to consider question.

Ownership-Nature of-Distinction between English and Muhammadan laws. In general, Muslim law draws no distinction between real and personal property, and their Lordships know of no authoritative work on Muslim law, whether the Hedaya, or Baillie or more modern works, and no decision of this Board which affirms that Muslim law recognises the splitting up of ownership of land into estates, distinguished in poi of quality like legal and equitable estates, or in point of duration rike estates in fee simple, in tail, for life, or in remainder. What Muslim law does recognise and insist upon, is the distinction between the corpus of the property itself (ayn) and the usufruct in the property (manafi). Over the corpus of property the law recognises only absolute dominion, heritable, and unrestricted in point of time ; and where a gift of the corpus seeks to impose a condition inconsistent with such absolute dominion the condition is rejected as repugnant ; but interests limited in point of time can be created in the usufruct of the property and the dominion over the corpus takes effect subject to any such limited interests.

Muhammadan Law-Gift of usufruct of property for life of donee- Valid. There is no difference between the several Schools of Muslim law in their fundamental conception of property and ownership. A limited interest takes effect out of the usufruct under any of the Schools. In dealing with a gift under Muslim law, the first duty of the Court is to construe the gift. If it is a gift of the corpus, then any condition which derogates from absolute dominion over the subject of the gift will be rejected as repugnant ; but if upon construction the gift is held to be one of a limited interest the gift can take effect out of the usufruct, leaving the ownership of the corpus unaffected except to the extent to which its enjoyment is postponed for the duration of the limited interest.

Invalid. Powers of appointment, so special a feature in English law, are not recognised in Muslim law. The matter seems never to have been discussed. In such circumstances. and at this date, to add to the testamentary capacity of Muslims the right to create powers of appointment might seem to encroach on the sphere of the Legislature.

Muhammadan Law-Wakf-Shia law-No evidence that A executed wakfnama-No direct evidence of oral dedication by A-Inference from history of matter as to creation of wakf can be drawn.

Religious head-Dai-ul-Mutlaq held was validly appointed.