Warning: Undefined variable $isLoggedIn in /home/digixyei/sldsystempk.com/view/master-layout/article_details.php on line 626

Whatsapp

" MUSLIM FAMILY LAW  A CASE OF PAKISTAN MUSLIM FAMILY LAW ‑‑ A CASE OF PAKISTAN   [Paper presented at a Conference on "Recent Developments in the Islamic Family Law in South‑East Asia," organised by the Shari ah and Law Association of Malaysia. in collaboration with the Islamic Affairs Division. Prime Minister's Department was held in Kuala Lumpur during August 3‑5, 1990 wherein papers on the Recent Developments in Muslim Family Law in (i) Brunei; ii) Malaysia; (iii) Indonesia; (iv) Philippines; (v) Singapore; (vi) Sri Lanka: (vii) Thailand and (viii) Pakistan were presented and discussed by the learned judges, jurists, lawyers and other intellectuals.]   By Mr. Justice Dr. Tanzil‑ur‑Rehman, Chief Justice, Federal Shariat Court of Pakistan   1. When Britishers captured India, and after the Mutiny in 1857, Sultanat‑i -Mughliyah at Delhi fell down and they got complete hold over Indo‑Pakistan sub-continent and established their rule, they promulgated their own laws, like Evidence Act, Civil Procedure, Criminal Procedure and others, but they did not encroach upon the family laws of the inhabitants, irrespective of the fact whether they were Muslims or Hindus, Jains or Sikhs. They were allowed to be governed by their own rules, customs and usages. In fact, a Decree/Regulation by Queen Victoria was issued to that effect. This state of affairs continued till 1913 when, the first legislation was made regarding waqf. The background of this legislation, briefly speaking, was that as a result of a decision in 1904, in a case wherein it was ruled by the Judicial Committee of the Privy Council that the institution of Waqf `alal awlad was not a waqf, there was a protest by Muslims and so the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register