Law: Constitution of Pakistan, 1973

Section: 203B(c),203D

Law: Muslim Family Laws Ordinance, 1961

Section: 8

(a) Constitution of Pakistan--- ----Arts. 203-B(c) & 203-D---Powers, jurisdiction and functions of the Federal Shariat Court---Principles. Following are the principles in relation to the powers, jurisdiction and functions of the Federal Shariat Court: (i) The Federal Shariat Court had the power and jurisdiction to examine any law except the Constitution, Procedural Law and Muslim Personal Law. Therefore, any provision pertaining to Muslim Personal Law, unless it was unanimously held against the Injunctions of Islam by all Muslim sects, could not be examined and decided by the Federal Shairat Court. Moreover, whenever, the Court exercised such jurisdiction, it could examine the impugned law only on the touchstone of Holy Qur'an and Sunnah of Holy Prophet and not merely on the basis of any juristic opinion or Fatwa by any scholar belonging to any school of thought. (ii) Federal Shariat Court had to deliver its regarding the impugned law or its provision with effect from some prospective date in the future as provided under Article 203-D(2)(b) of the Constitution. (iii) Federal Shariat Court could not fill up any gap nor add explanation to the existing text of a statutory law just for the purpose of improving its phraseology or clarification of its meaning as that was the function of the Parliament. (iv) Nowhere had the Constitution provided grant of relief, in personam in Shariah Petitions, to any one in personal cases which had direct or indirect bearings on the law impugned before the Federal Shariat Court. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 8---Khula---Pre-requisites---Return of dower---Dissolution of marriage by way of Khula was always and invariably subject to return of dower, unless waived off by the husband as a matter of grace. Shariat Petitions bearing No.3/L of 2005 Saleem Ahmed v. Government of Pakistan; Sh. P. No.2/L/2006 Muhammad Suleman Yahya v. Federation of Pakistan; Sh. P. No.1/K of 2007 S. Mohiuddin M. Bukhari v. Federation of Pakistan; Sh. P. No. 2/K of 2007 Sheraz Akram v. Federation of Pakistan; Sh.P.No.3/K of 2007 S. Madanad Mouzzam Bukhari v. Federation of Pakistan and Sh. P. No.1/1 of 2007 Ibad-ur-Rehman Lodhi…

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