MUHAMMAD through Legel Heirs vs Mst. REHMATAN and 4 others
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had relied upon Section 4 of the Muslim Family Laws Ordinance, 1961. The petitioner contended that the said provision was repugnant to the Injunctions of Islam and, therefore, could not form a valid legal basis for the lower courts' decisions. The Supreme Court of Pakistan addressed the core legal question of whether it possessed the jurisdiction to declare a statutory provision invalid on the grounds of inconsistency with Islamic Injunctions. The Court held that such a plea is inadmissible before it, as the exclusive forum for determining whether a provision of the Muslim Family Laws Ordinance, 1961 is contrary to the Injunctions of Islam is the Federal Shariat Court, acting under Article 203-D of the Constitution of Pakistan 1973. Consequently, the Supreme Court ruled that it lacks the jurisdiction in its normal appellate capacity to strike down statutes on the basis of repugnancy to Islamic Injunctions, and the petition was dismissed.
- Does the Supreme Court of Pakistan have the jurisdiction to declare a statutory provision invalid on the ground of its inconsistency with the Injunctions of Islam?
- Which forum is exclusively empowered to determine whether a provision of the Muslim Family Laws Ordinance, 1961 is contrary to the Injunctions of Islam?
- Section 4, Muslim Family Laws Ordinance 1961
- Article 203-D, Constitution of Pakistan 1973
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 4 cases
- ABDUL WAHEED Versus ASMA JEHANGIR 1997 PLD 301
- MUHAMMAD HASSAN MUSA And 2 Others vs Sardar MUHAMMAD JAVED 1997 SCMR 1992
- MUHAMMAD HASSAN MUSA and others vs Sardar MUHAMMAD JAVED MUSA 1995 CLC 51
- HAFIZ ABDUL WAHEED vs MUHAMMAD ARSHAD K.L.R. 1997 Shariat Cases 121