| Citation(s) |
|---|
| 2025 SLG 5434 2025 SLD 5434 = 2025 PLD 18 |
Shariat Petition No. 13/I of 2022, decided on 20th October, 2022*.
Present: Dr. Syed Muhammad Anwer, A.C.J. and Khadim Hussain M. Shaikh, J
Muhammad Gulfam Arshad Rana for Petitioners. Date of hearing: 4th October, 2022.
Mst. MUSSARAT FAYYAZ and 4 others---Petitioners
VERSUS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad and 2 others---Respondents
Law: Constitution of Pakistan, 1973
Section: 203B (c), 203D
Constitution of Pakistan---
----Arts. 203B (c) & 203D---Shariat petition---Muhammadan Law---Applicability--Dispute between parties was with regard to change of family name of adopted child---Petitioner relied upon provision of S. 346 of Muhammadan Law by D. F. Mullah---Validity---Principles of Muhammadan Law had no force of law as the book was authored by Dinshah Fardunji Mullah and was only a reference book--Book in question did not have force of law and did not come under the ambit of law as provided under Art. 203B(c) of the Constitution---Federal Shariat Court declined to interfere in the matter as the matter had already been thrashed out in an earlier judgment titled Najaat Welfare Foundation v. Federation of Pakistan and others, reported as PLD 2021 FSC 1---Shariat petition was dismissed, in circumstances.