Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Death compensation---Uniform Compensation Package---Entitlement of parents---Petitioners were parents of a police official who met Shahadat during firing by terrorists on police party---Grievance of petitioners was that Uniform Compensation Package was given to widow of their son and they had been deprived of the same---Validity---Uniform Compensation Package was death compensation allowance given by Government to those who embraced Shahadat and sacrificed their lives for security / cause of nation and homeland---Such compensation could come within the definition of Diyat amount payable in normal murder case and was covered in the definition of Tarka---After Shahadat of a police official, his legacy had to be devolved amongst the Quranic legal heirs---Principle regarding inheritance of Islamic Law would and should be applicable instead of any rule or notification---The Holy Quran is a complete code of life and verdicts in the Holy Quran and sayings of Holy Prophet Muhammad (P.B.U.H.) are the supreme law for Muslim Ummah---No preference could be given to rules / orders / notifications against the supreme law laid down by Allah in the Holy Quran and Holy Prophet Muhammad (P.B.U.H.)---High Court directed competent authority to distribute shares amongst legal heirs of deceased in accordance with Sharia---Petition was allowed accordingly. Federal Government v. Public-at-Large PLD 1991 SC 731 fol. (b) Islamic Law--- ----Inheritance---Issueless male deceased---Shares of legal heirs---Deceased was survived by widow, father and mother---Entitlement---Widow was entitled to her share to the extent of 1/4 (in absence of child) as sharer while father and mother were entitled to take each one sixth 1/6 as sharers if there was no child or son's child how low so ever, while for remaining share, parents were entitled to receive the same as residuary---According to Islamic Law in default of residuaries of first class i.e. sons and son's son how low so ever and daughters and son's daughter how low so ever when not sharers, the residue devolved on the father as class 11 of residuaries while widow could not…

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