Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 203-B-Words and phrases-Phrases "Muslim Personal Law "May have two meanings depending upon context of its use-Such phrase in commonly understood sense may mean religious or Divine law of Muslims by which they believe to be .governed as a matter of faith-Phrase in second sense may mean all special statutory laws applying only to Muslims as distinct from general law applying to all classes of people in general.-[Words and phrases]. (b) Muslim (b) Family Laws Ordinance (VIII of 1961)----S. 4 read with Constitution of Pakistan ([973), Art. 203-B, Explana­tion-Contrariety to Injunctions of Islam-Declaration-Jurisdiction­ Exclusion envisaged in Explanation to Art. 203-B-Relates to special laws and statutes denominated as "Muslim" and applying to Muslims alone and not to Divine and religious law of Muslims-Section 4 of Muslim Family Laws Ordinance, 1961 being part of law applicable to Muslims alone and "Muslim Personal Law" in such context, scrutiny of such section, held, outside jurisdiction of Shariat Courts and decision holding provisions of such section contrary to injunctions of Islam not correct.-[Jurisdiction]. (c) Constitution of Pakistan (1973)----Arts. 227-A & 203-B-Scope and sphere of Council of Islamic Ideology and jurisdiction of Shariat Courts-Arts. 227 & 203-B compared.-[Jurisdiction] Article 227 of the Constitution of Pakistan (1973) is to be enforced through the Council of Islamic Ideology, whereas Article 203-B is to be enforced through Courts. In Article 227 the scope and sphere of Council of Islamic Ideology is very wide whereas in Article 203-B, the jurisdiction of the Courts is limited both in point of time and also as regards certain subjects mentioned therein. To come nearer to the point in hand, Article 203-B excludes from its purview exami­nation of "Muslim Personal Law", whereas, there is no such exclusion from the purview of the Council of Islamic Ideology. Allowing both these Articles to operate in their respective spheres, the conclusion is inevitable that all such laws which apply to Muslims in their capacity as Muslims, whether these are statutory laws, or are applied under sanction of…

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