| Citation(s) |
|---|
| 1993 SLG 1552 1993 SLD 1552 = 1993 PLD 464 |
Supreme Court of Pakistan
Shariat Appeal No.76 of 1992, heard on 24th February, 1993. (On appeal from the judgment of the Federal Shariat Court dated 11-5-1992 passed in Shariat Petition No.52(1)/1991).
Presented By: Present. Abdul Qadeer Chaudliry, Sajjad Ali Shah, Saeeduzzaman Siddiqui, Pir Muhammad Karam Shah I and Maulana Muhammad Taqi Usinani, JJ
-------Appellant in person. Harz SA. Rahman, Advocate Supreme Court and Ch. Akhtar Al advocate-on-Rccord for
Respondent.
Shariat Appeal No.76 of 1992, heard on 24th February, 1993. (On appeal from the judgment of the Federal Shariat Court dated 11-5-1992 passed in Shariat Petition No.52(1)/1991).
Presented By: Present. Abdul Qadeer Chaudliry, Sajjad Ali Shah, Saeeduzzaman Siddiqui, Pir Muhammad Karam Shah I and Maulana Muhammad Taqi Usinani, JJ
-------Appellant in person. Harz SA. Rahman, Advocate Supreme Court and Ch. Akhtar Al advocate-on-Rccord for
Respondent.
Ch. IRSHAD AHMAD --- Appellant
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Health, Islamabad --- Respondent
Law:
Section:
Federal Services Medical Attendance Rules, 1990--- ---- R. 2(d), Expln. 4 --- Constitution of Pakistan (1973), Art. 203-D-- Repugnancy to Injunctions of Islam --- Rule 2(d), Expln. 4 of Federal Services Medical Attendance Rules, 1990, providing for medical treatment of one wife nominated by a Muslim Government Servant (if he has more than one wife) being not in conformity with facility allowed by Islam was repugnant to Injunctions of Islam. Per Sajjad Ali Shah, J.; Abdul Qadeer Chaudhry, Saeeduzzaman Siddiqui, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ. agreeing-- in Islam a Muslim is allowed to have more than one wife up to four wives if he is capable of maintaining them on the basis of equality. In other religions polygamy is not permissible. To this extent, undisputedly provision of rule 2(d), Explanation 4 of Federal Services Medical Attendance Rules, '1990 is not in conformity with facility allowed by Islam. There is no justification for the Government to discriminate in favour of one wife in respect of medical facility, which shall run counter to permission given by Islam. Important question to be noted is as to what was the intention of rule making authority in providing this medical facility to the members of the family of Government servant. "Family" is defined in clause (d) of Rule 2 of the Rules. Five Explanations have been inserted after clause (d) to elaborate and explain further scope of family. Main criterion stated in the definition of "family" is that facility is to be provided to the members of the family who are dependent upon the Government servant. Such dependents include step-sons of Government servant (sons of wife from her previous husband) until they complete age of 18 years and step-daughters until they marry or cease to be dependent as provided in Explanations (2) and (3). Apart from children and step-children other dependents of Government servant can include parents, sisters and minor brothers. Categories mentioned above, certainly enlarge number of dependents of Government servant, who can with legal justification claim entitlement to the facility of medical treatment. In the…