CH. IRSHAD AHMAD Versus FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF HEALTH, ISLAMABAD
TANZIL‑UR‑RAHMAN, C. J.‑ ‑‑By this petition, the petitioner has challenged Explanation (4) below clause (d) of Rule 2 of the Federal Services Medical Attendance Rules, 1990 on the ground that it is repugnant to the Injunctions of Islam. The said explanation is reproduced below:‑‑
"In case of more than one wife, the wife nominated by the Government Servant to receive medical attendance and treatment will be entitled to it."
The petitioner contends that the explanation, impugned before us provides that in case a Government Servant has more than one wife, the wife nominated by him is entitled to medical attendance and treatment and not the other wife or wives or as the case may be.
2. The petitioner for the above submission has placed his reliance on the following Verse of Sura Al‑Nisa, which reads as under:‑‑
The above Verse relates to equal treatment among the wives by the husband.
3. The learned counsel for the Federation submits that the Injunction1 the Holy Qur'an relates to the husband who has been permitted to take one or more than one wife (upto four) wives provided he can do justice among then; The duty cast upon by the Injunction is basically that of the husband in his personal capacity. It is he who is to maintain his wife. He further submits that the medical facilities provided to one wife is an allowance which may or may not be provided by the Institution concerned.
4. Dr. Muhammad Aslam Khaki, a Jurisconsult, in his written note writes that:‑‑
Giving his opinion, he further states that :‑
5. After hearing the learned counsel, we are of the view that the petition is misconceived. It does not offend the Injunctions of Islam in so far as the relationship between the employer and employee is concerned. It is, in fact, a concession which has been granted under the Service Rules and cannot be stretched to provide medical facilities to more than one wife. Moreover, it will perhaps not be improper to add that the Medical Rules equally apply to Muslims and non‑Muslims.
6. We, therefore, find no repugnancy to the Injunctions of Islam as laid down in the. Holy Qur'an and Sunnah of the Holy Prophet (p.b.u.h.). The petition is, therefore, dismissed.
M.B.A./705/FSC.
Petition dismissed.