Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [(as inserted by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]---Held, that by virtue of section 2-A introduced through Ordinance XIII of 1983 a male heir acquiring any agricultural land in the Province of the Punjab before March 15, 1948 under custom from a person who at the time of such acquisition was a Muslim was to be deemed to have become, upon such acquisition, an absolute owner of the entire land acquired by him as if such land had devolved on him under the Muslim Personal Law (Shariat)---Section 2-A was applicable only to those acquisitions of agricultural land which acquisitions had come about prior to March 15, 1948 thus, after March 15, 1948 the said land could have devolved upon the heirs of the deceased only under the Islamic law of inheritance and not under the customary law of inheritance which by then had become extinct---Principles. Mst. Ghulam Janat and others v. Ghulam Janat through Legal Heirs and others 2003 SCMR 362 dissented from. According to the Preamble to the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 the purpose of introduction of that legislation was "to amend the West Pakistan Muslim Personal Law (Shariat) Act, 1962 so as to bring it in conformity with the Shariah in the manner hereinafter appearing." It is, therefore, quite clear that the effort made by the said Ordinance was to bring the Act of 1962 in conformity with the Shariah but the "manner" chosen for achieving that object was the one provided for in that Ordinance and, thus, any other mode conceivable for achieving the same object was meant to be ignored or disregarded and the purpose was to be achieved only in the manner specified in that piece of legislation. The next thing to be noticed is that the provisions of the newly introduced section 2-A through that piece of legislation were to have their effect "Notwithstanding anything to the contrary contained in section 2 or any other law for the time being in force, or any custom or usage or decree, or order of any court". This shows that what the new legislation…

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