MUNAWAR BEGUM vs Mst. GHULAM FATIMA and others
This petition for leave to appeal arose from a Regular Second Appeal concerning litigation over a will made under custom, inheritance rights under custom versus Muslim Law, and the validity of a gift. The core legal question involved the interpretation and retrospective application of Section 2-A of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, in light of previous Supreme Court precedent. The Supreme Court held that the retrospective effect of the said provision depends on the circumstances of each case and noted that the High Court failed to properly consider the Ordinance. Consequently, the Court granted leave to appeal to examine the implications of the new law and related questions. The key principle established is that Section 2-A of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 has retrospective effect depending upon the circumstances of each case, which must be duly applied to pending inheritance and customary law disputes.
- Does Section 2-A of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance 1983 have retrospective effect?
- How does the retrospective application of Section 2-A affect inheritance and custom-based wills?
- Section 2-A, West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance 1983
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against the impugned judgment of the High Court rendered in a Regular Second Appeal. Litigation had arisen out of a will made under custom and the controversy between the parties regarding inheritance under customs and/or Muslim Law as also the validity of a gift.
2. ' Amongst others one of the questions raised in this petition relates to the interpretation of section 2-A of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance XIII of 1983 and its application to the present case. This Court while interpreting the said law has already ruled that depending upon the circumstances of each case it has retrospective effect--see Abdul Ghafoor and others v. Muhammad Shah and others PLD 1985 SC 407. Although the impugned judgment was rendered after coming into force of the said Ordinance, it seems that the same was not properly taken note of.
3. After hearing the learned counsel we consider it a fit case inter alia to examine the implication of the new law vis-a-vis the questions involved in this case. Accordingly we grant leave to appeal to examine this question, other questions related thereto and those raised in this petition.
4. ' Security Rs,5,000.
5. ' The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of the appeal.