Law:

Section:

(a) Islamic jurisprudence--------- ----------Sources---------Main sources of Shariat are the Holy Qur'an, Sunnah, Ijma and Qias. (b) Islamic law--------- ----------Book "Muhammadan Law by D.F. Mulla"---------Significance and relevance---------High Court observed that the said book was only a reference book and not statutory law applicable in the country (Pakistan) in the sense that the legislature had not enacted the same; that it was just an option of the Court to consult the same on the basis of equity and refer to the principles mentioned in paragraphs of the said book; that the rules quoted in the said book were not at all applicable, if in the opinion of the Court, they were found opposed to justice, equity and good conscience, and that the Rules mentioned in the said book were not even referred to in situations directly covered by the Holy Qur'an or Sunnah or by binding Ijma and Qias. Muhammad Nasrullah Khan v. The Federation of Pakistan and another (Shariat Petition No.06/1 of 2013) ref. (c) Islamic law--------- ----------Shia law of inheritance---------"Issueless/childless widow"---------Share of 'issueless widow' from her (Shia) husband's estate---------Question of competence of a childless widow from Fiqa-e-Jafriya had neither been adjudicated upon by the Judiciary as yet nor codified into a law by the Legislature---------However, Ayat No.12 of Sura Al-Nisa (Holy Qur'an), stated that a childless widow was entitled to 1/4th share from the leftover estate of her husband---------High Court on such basis declared that even a childless widow from Fiqa-e-Jafariya would be entitled to claim 1/4th share from the leftover estate of her husband---------High Court observed that it expected that the Federal Ministry of Law, would take legislative measures to promulgate a codified law in such regard in order to protect the rights of Ahl-e-Tashih childless widows, in getting their due shares from the inheritance of their deceased husbands. [Para 113 of Muhammadan Law by D.F. Mulla, not approved.] Syed Muhammad Munir (represented by 10 heirs) and another v. Abu Nasar, Member (Judicial) Board of Revenue, Punjab, Lahore and 7 others PLD 1972 SC 346; Muhammad Bashir…

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