| Citation(s) |
|---|
| 1980 SLG 458 1980 SLD 458 1980 PLD 160 |
Supreme Court of Pakistan
ASLAM BLAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Iftikhar Ahmad, Deputy Attorney-General, Akhtar Shabir, A. A.G. Sh. Ijaz Ali, Advocate-on-Record.
ASLAM BLAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Iftikhar Ahmad, Deputy Attorney-General, Akhtar Shabir, A. A.G. Sh. Ijaz Ali, Advocate-on-Record.
B. Z. KAIKAUS AND 10 others
VS
PRESIDENT OF PAKISTAN AND 15 others
Law:
Section:
(a) Muhammadan Law-- Sources of. (b) Muhammadan Law Hadis, classification and order of priority of. (c) Divine Law - Steps to be taken to find out,-[Muhammadan Law-Sources]. Not a priest dominated theocracy-Principles of Islam-Neither hidden, nor complicated or involved, nor impracticable-Islamic law capable of being practised, enforced, applied, and adopted at all times and places only if understood and interpreted in its true spirit keeping in view environments and circumstances of situation at relevant time.[Muhammadan Law]. (e) Muhammadan Law- History of Administration of Muhammadan Law during British Regime. Raja Deedar Hussain v. Banee Zahoor-oon-Nlsa (1841) 2 M I A 441 ref. (J) Administration of justice. Enforcement of laws and legislation-Enforcement of laws (even under Islamic laws)-Function of State, firstly by making known to people by publishing and secondly by taking legal steps or actions for its violation-Legislature of country not enacting provision for punishing violation of its laws, or not providing machinery for stopping their violation, Courts, held, cannot take over such job of enacting laws or prosecuting people at their own will and pass orders in vacuum-Islamic law-State alone can declare its enforcement .=[Muhammadan Law-Legislation-Administration of justice in Islam]. (f) Legislation- -- Islamization of taws-ljtehad-Two well-known schools of lawyers (traditionists and modernists) existing in matter of doing ijtehad (applying legal process for construction and interpretation of Islamic laws or even Islamisation of laws) which school of thought to be followed and to what extent-Matter one for Legislature and not for Courts to decide-Not necessary, however, according to trend of case law developed in Pakistan to stick to views of traditionists if context of Holy Qur'an and Sunnah clearly to contrary on any particular point.-(Muhammadan Law]. Crown through Muhammad Nawaz v. Mitha and others Criminal Revision No. 65 of 1952 ; Moonda and others v. The State P L D 1958 S C (PA.) 275; Zuljikar Alt Bhutto v. State P L D 1979 S C 741 ; Mst. Balqts Fatima v. Nqjm-ul-Ikrarn Qureshi P L D 1959 Lah. 566 ; Mst. Khurshid Jan v. Fazal Dad P L D 1964…
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