Law: Qanun-e-Shahadat (10 of 1984)

Section: 47

(a) Islamic law--- ----Inheritance---Sect of deceased---Proof---Voluntary declaration of deceased in court proceedings regarding her faith---Persuasive value---In previous court proceedings regarding faith of her son, the deceased had voluntarily declared herself to be 'Shia'---No reason was found to disbelieve the declaration of deceased in respect of her own faith which neither was challenged nor it could successfully be challenged even if one was allowed to cross-examine the person who declared his/her faith---In the present case, on the factual plane the veracity of the statement of the deceased wherein she declared her faith throughout had not been challenged---Appellant had never claimed that the deceased did not appear in a witness box or she did not on oath declare herself to be "Shia" by faith---No better evidence could be made available to the Court than the declaration of such person to resolve the controversy regarding his/her faith---Question of faith being very personal to oneself and a declaration of faith by one had to be accepted on its face value which, of course, was not open to challenge from anyone, therefore, such voluntary declaration even if made in some previous proceeding was of great persuasive value after the death of such person and, therefore, could be validly used in the subsequently instituted proceedings to determine the faith of such person. (b) Islamic law--- ----Inheritance---Sect of deceased, determination of---General principle of presumption---Scope---in Indo-Pak sub continent majority of Muslims were "Sunni" by faith, therefore, there was initial presumption that the parties to the proceedings were "Sunni", however, such initial presumption was rebuttable---No principle of universal application was available to determine the faith of a person which should be determined keeping in view the surrounding circumstances, the way of life, the parental faith and faith of other kith and kin---Consequently once the faith of a person was challenged the question of the initial presumption lost its sanctity and was to be inferred from the facts creating presumption or the surrounding circumstances one way or the other. Muhammad Bashir…

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