Law: Constitution of Pakistan, 1973

Section: 203-D

Constitution of Pakistan, 1973-- ----Art. 203-D--Jurisdiction of Federal Shariat Court--Principles of Muhammaden Law written by Dinshah Fardunji Mulla, is not a statutory law but its continuous, unaltered, uninterrupted, uniform and constant practice has attributed it a force of law, which comes under definition Clause of Article 203B(c) of Constitution of Islamic Republic of Pakistan, 1973; hence it is within jurisdiction of this Hon’ble Court to declare it as repugnant to injunctions of Islam--whole chapters though are not contradictory to provisions of Islamic Laws but some of them are in contradiction to injunctions of Islam--He has also claimed in his petition that entire Islamic Law regarding inheritance is in Arabic and there is no substitute of Arabic Language to achieve exact sense and meanings that it delivers--There is no law in Pakistan which states any punishment for depriving anyone from legal inheritance--In response to petition, Federal Government (Respondent No. 1) through Secretary, Ministry of Law and Justice responded that book i.e. Principles of Muhammaden Law (authored by Dinshah Fardunji Mulla) is only used as reference book and is not a statutory law applicable in Pakistan No. 1 also challenged jurisdiction of Federal Shariat Court that it (D.F. Mulla’s book) is just a reference book and not a statutory law, hence is not a challengeable in this Court. Constitution of Pakistan, 1973-- ----Art. 203-B(c)--Perception of petitioner, about book of D.F. Mulla that its continuous, unaltered, uninterrupted, uniform and constant practice has attributed it a force of law hence it comes under definition of Clause (c) of Article 203-B of Constitution of Islamic Republic of Pakistan , is wrong for following reasons: Firstly; D.F. Mulla edited many editions of his book during his lifetime by incorporating developments made by judicial pronouncements and various legislative measures--For example 8th Edition of his book contained 16 Chapters while 10th edition contained 19 Chapters--D.F. Mulla did acknowledge that he largely relied upon translation of Hedaya by Hamilton and translation of Fatawa Alamgiri by Baillie--Hence, relying on secondary sources by…

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