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PLD 1983 Federal Shariat Court 22

Haft ABDUL AZIZ AND OTHERS vs Khawaja QURESHI ALI MANSHA

CitationPLD 1983 Federal Shariat Court 22
CourtFederal Shariat Court
Case No.Shariat Petition No, 12/L of 1981
Date1981-07-17
Judge(s)Aftab Hussain, Maulana Muhammad Taqi Usmani, Ch. Muhammad Siddiq,
ResultPetition dismissed

ORDER

1. ' JUSTICE AFTAB HUSSAIN (CHAIRMAN).-This petition is not competent in Law since the Petitioner requests that the usage of construction of Mosque by a particular community of Muslims as being of no local force. This does not accord with the relief which this Court can grant. Apart from that it is clear from the petition that it deals with the personal grievance of a group of persons of a particular community against another group of persons belonging to a different Sect. The contention of the Petitioner is that no Mosque can be constructed for the use of a particular Sect in Islam. To a question asked by me whether the Law enforcing agencies for example the Civil Court, will ever enforce the right of those who have constructed a Mosque to stop persons of others Sects from offering their prayers in that Mosque. The learned Counsel replied that such a declaration cannot be given in Law. It is clear that is not a custom or usage enforceable by Law.

2. There is no merit in the petition. This petition is therefore, dismissed.

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