' GUL MUHAMMAD KHAN, C.J.--Section 10 of Baluchistan Chief Minister and Provincial Ministers (Salaries, Allowances and Privileges) Act III of 1975 provided for payment of compensation in case of death to the nominee of the deceased. This Court in exercise of suo moto power scrutinized the Act as to its repugnancy to Quran and Sunnah and held as under:- "The question whether in case of death the compensation can be paid to the nominee or to the legal heirs, was considered in SSM No, 302/83, SSM 303/83, SSM No,304/83, SSM No,312/83 and SSM No,313/83. It was held that provisions about payment of the compensation to nominee as such are ultra vires of Sharia. Such compensation becomes heritable property. It was argued before us in those cases that the compensation was in the nature of Insurance or death gratuity, Moreover, it was nowhere contemplated that the payment of compensation to the nominee would preclude the legal heirs from claiming their shares from the nominee. The second argument was held to be in the nature of admission that the amount of compensation is heritable. It was further held that compensation was not within the scope of Insurance. It was found that the amount of compensation is heritable and is different from pension, maintainance or gifts to any heir or nominees of the deceased. This principle is equally applicable to the provision of the Sections referred to above."
' Only the Government of Baluchistan filed an appeal on which the Appellate Shariah Bench of the Supreme Court, has remanded the case with the observation that this Court should mention the Injunctions of Quran and Sunnah on which the decision was based. It will be useful to reproduce the relevant observations: - "The cases involving the same subject matter, as is involved in these appeals, having been remanded to the Federal Shariat Court, we deem it fit, in the circumstances, to remand these cases also so as to avoid conflict of judgment, achieve consistency and for the observance of the rules laid down in the reported judgment."
3. In the reported judgment PLD 1986 SC 240, the Supreme Court was pleased to order as under:- "In the light of the foregoing, on account of the omission by the Federal Shariat Court to give reasons by making references to the Holy Quran and Sunnah and their principles as discussed earlier, together with the directions for the enactment of certain laws, as also with the observations in the above paragraphs, these appeals are allowed; and, the cases are remanded to Federal Shariat Court for fresh decision in accordance with the law."
4. It will be useful to reproduce section 10 to facilitate appreciation of the discussion:- "10. (1) If the Chief Minister or a Minister, while travelling by air, on official duty by any flight scheduled or unscheduled (including flight in a Government owned aircraft of any type) dies or receives an injury as a result of an accident, Government shall pay to the person or persons referred to in subsection (2) a sum of rupees one lac and twenty-five thousand in the case of death and an amount to be determined by Government having regard to scales of compensation applied by insurance companies in like cases, in the case of injury.
(2) The compensation shall be payable in case of injury to the Chief Minister or a Minister, and, in case of death, to such member or members of his family or (if there be no such member) any other person or persons as may be nominated by him, and in the absence of such nomination, to his heirs.
(3) A nomination under subsection (2) may be made, and may also be revoked or altered by a notice in writing signed by the Chief Minister or a Minister and addressed to the Comptroller, Baluchistan . "
5. It is to be noted that the finding of the Court was that the amount in question is a property left by the deceased and, therefore, its inheritance will be governed by the Islamic Law of Inheritance. The relevant Injunctions about shares in inheritance are contained in verses 7-15 of Sura al-Nisa. After rehearing arguments of the counsel and the Juris-consults we find no error in the previous decision of this Court. The amount payable is termed compensation in the law. It is to be paid only if the Chief Minister etc. Die while travelling on duty. This amount can thus be equated with 'Diyat' which according to verse 91 of Sura al-Nisa forms part of the heritable assets of the deceased. We have taken the same view in S.S.M. Nos. 302, 303, 304, 312 and 313 in which a similar question was involved. Support for this view had been taken from the verse 180 of Sura al-Baqra and verse 12 of Sura al-Nisa and Ahadith of the Holy Prophet laying down that the deceased cannot make a will to the outsiders for more than 1/3 of the heritable assets and he cannot give anything by will to an heir. (See Mishkat - ref. Abu Daud p. 265) and note 182 of Tafhimul Quran, Vol.
1. p.140 of Maulana Maudoodi). The section 10 is thus repugnant to Quran and Sunnah. The inheritance must be directly covered by Muslim Law of Inheritance with particular reference to verses 7 to 15 of Sura al-Nisa.
6. The result is that no heir can get more than the share allotted to him under Quran and as explained in Ahadith. Thus the rules of inheritance cannot be changed by the deceased through his will or other directive nor even is the State empowered to make any law which violates the Injunctions of Quran and Sunnah. We, therefore, again take the same view as taken before and direct that law as pointed out above shall be amended suitably till 15th April, 1989 failing which the above objectionable provisions shall 'cease to operate as law.