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1994 SCMR 681

MUHAMMAD through Legel Heirs vs Mst. REHMATAN and 4 others

Citation1994 SCMR 681
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 186 of 1993 R.SA. No. 90 of 1957
Date1993-11-28
Judge(s)Saleem Akhter, Nasim Hasan Shah, Manzoor Hussain Sial
ResultLeave refused

ORDER

' NASIM HASAN SHAH, CI-Litigation in this matter commenced on 31-3-1956 and has been going on before the Courts for over 37-1/2 years. The latest judgment in the field (now impugned before us) is the judgment of the Lahore High Court dated 9-1-1993 of the learned Single Judge of the Lahore High Court passed on 9-1-1993.

2. By this petition this Court is asked to interfere principally on the ground that the section 4 of the Muslim Family Laws Ordinance, 1961 being against the Injunctions of Islam could not have formed a valid and legal basis for Courts below, to rest their judgments on its provisions.

3. This plea is not admissible before us. The only forum which can entertain such a plea is the Federal Shariat Court which, in exercise of its jurisdiction under Article 203-D of the Constitution can go into the question whether the said provision of the Muslim Family Laws Ordinance is contrary to the Injunctions of Islam or not. This Court, in the exercise of its normal jurisdiction, cannot declare a provision of a statute to be invalid on the ground of its inconsistency with the Islamic Injunctions.

This petition, therefore, must fail and is dismissed hereby.

Cited by 3 cases

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