Injunctions of Islam
Injunctions of Islam legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Anything contained in Nikahnama which is against the spirit of Islam or the orders of Allah and Prophet (peace be upon him) cannot bind the parties even if has been made with the consent of the parties.
Right of appeal was recognized by the Holy Prophet (Peace be upon him) as well as by the Khulafa-e-Rashideen.
High Court directed that Government should establish a cell under Pakistan Telecommunication Authority (PTA) including I.T. Experts and Islamic Scholars as members to keep an eye on websites and social media programs, and to take adequate steps for blockage thereof, and initiating legal proceedings, if found content objectionable, defamatory, violating any provision of law, against the beliefs of the Muslims, and against the integrity of State; that government should, for awareness of the general public, establish: firstly, an official website/portal containing authentic copy of Qur'an with translation, Ahadith books, all laws relating to Khatam-e-Nabuwat, articles written on the subject and decisions of the superior courts on this specific issue; secondly, a window/portal for answering the queries about the injunctions of Islam and Khatam-e-Nabuwat by the known Islamic scholars; and thirdly, a specific portal on the said website detailing all authentic Islamic websites/pages; that It was duty of the Authorities to initiate proceedings at their own motion without requiring complaint under Ss.5(2) and 5(3) of Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020, and Government to amend relevant laws accordingly; that proceedings on complaints lodged against offence involving Islamic Injunctions/Khatam-e-Nabuwat and Namoos-e-Sahabah, to be made available on the website/portal and updated step by step for controlling the sentiments of general public; that specific chapter be inserted in Textbooks of Urdu and Islamiyat from primary to master levels highlighting the last Prophet-hood of Hazrat Muhammad (p.b.u.h); that such website, after establishment, be advertised on media and also on notice boards of Educational and other Government institutions for maximum publicity; and that social media providers must be compelled to establish their sub offices within the country (Pakistan) so that timely interaction could be made in case if any violation of Islamic injunctions or of any Article of Constitution of Pakistan was observed/found, simultaneously enabling the institutions to lay hands on them in case they are directly or indirectly found responsible for such violation
Constitutional petition was disposed of in the said terms.
Injunctions of Islam refer to the Injunctions as laid down in the Holy Quran and Sunnah of the Holy Prophet (p.b.u.h.).
"Injunctions of Islam", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959123
Precedents & Case Laws citing "Injunctions of Islam"
1989 S C M R 2012(2)
QAZALBASH WAQF Appellant Versus CHIEF LAND COMMISSIONER PUNJAB, LAHORE
Court: Shariat Appellate BenchP L D 1939 Supreme Court 633
FEDERATION OF PAKISTAN through Secretary, Ministry of Law and another‑‑Appellants Versus GUL HASAN KHAN‑‑Respondent
Court: Shariat Appellate BenchP L D 1992 Supreme Court 153
Ministry of Financc, Islamabad — Appellant Versus Shaikh MUSHTAQ ALI, ADVOCATE — Respondent
Court: Shariat Appellate BenchP L D 1980 Peshawar 154
MUMTAZ KHAN‑Petitioner Versus GOVERNMENT OF PAKISTAN AND 7 OTHERS‑Respondents
Court: (a) Constitution (Amendment) Order, 1979 P. O. 3 of 1979‑-----P L D 1992 Federal Shariat Court 501
MUHAMMAD IQBAL CHAUDHRY, ADVOCATE HIGH COURT, LAHORE and another‑‑‑Petitioners Versus FEDERATION OF PAKISTAN through Secretary, M/O. Justice and Parliamentary Affairs, Government of Pakistan Islamabad and others‑‑‑Respondents
Court: ‑‑‑‑S. 21 as amended by House Building Finance Corporation (Amendment) Ordinance (XL of 1979)‑‑‑Constitution of Pakistan (1973), Art.203‑DD‑‑ Repugnancy to Injunctions of Islam‑‑‑Borrowing power mentioned in S.21 has to be based on interest free transaction‑‑‑Section 21 in its present form is, therefore, repugnant to Injunctions of Islam and is to be amended accordingly.P L D 1987 Peshawar 24
SIDDIQUE GOHAR‑Petitioner Versus FAZAL REHMAN‑Respondent
Court:P L D 1987 Labors 58
MUHAMMAD SHARIF‑Petitioner Versus MEMBER (REVENUE), BOARD OF REVENUE,
Court: ‑‑Art. 203‑D ‑ Object and scope of Arts. 203‑D(2) & 203‑D(3) Obligation of President/Governor to bring laws in conformity with injunctions of Islam after same having been declared to be repugnant to Islam by Shariat Court/Supreme Court Shariat Appellate Bench and effect of its non‑compliance ‑ Words "if possible" used in Government of N.‑ W. F. P. v. Malik Said Kamal Shah P L D 1986 S C 360‑Connotation of.‑Words and phrases.P L D 2009 Federal Shariat Court 33
MUHAMMAD SAEEDULLAH KHAN — Petitioner Versus SECRETARY, GOVERNMENT OF N.-W.F.P. EXCISE AND TAXATION DEPARTMENT, PESHAWAR and another — Respondents
Court: High CourtP L D 1991 Karachi 178,
and another‑‑Petitioners Versus THE ISLAMIC REPUBLIC OF PAKISTAN through the Secretary,
Court: ‑‑‑‑Sched. I as amended by Sindh Finance Act (IV of 1990) Ss 6 & 7‑‑Constitution of Pakistin (1973), Arts.227, 260(1) & 268(7)‑‑‑Term "existing law"‑Meaning‑‑‑Levy of court‑fee is against Islamic Injunctions‑‑‑Increase in court‑fee through the Sindh Finance Act, 1990, by abolishing the maximum of Rs.15,000 tnd making court‑fee payable without any upper limit would equally be unslamic‑‑‑Levy of court‑fees being un‑Islamic, increase in the quantum of court'cc, even if its burden falls only on the rich, would also be against the Injunctions )f Islam.‑Words and phrases.1989 SCMR 2012(1)
SULTAN KHAN Appellant Versus THE GOVERNMENT OF N.‑W.F.P. through Secretary,
Court: Shariat Appellate Bench