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Rest Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-S. 2-Succession-Alienation- Restrictions on right of alienation imposed by custom of persons inheriting agricultural land before 16-3-1948-H.-Id, cannot be imposed in Islam-Direction of Federal Shariat Court for carrying out necessary amendment in Act upheld Constitution of Pakistan (1973), Art. 203-B.-[Custom (Punjab)]. Customary Law in the Punjab by Om Parkash, 1st Ed n. (1939), Chaps. I, VII, pp. 15 to 18 & 251; Muhammad Asghar Shah v. Muhammad Gulsher Khan P L D 1949 Lab. 116 ; Gal Zarin Khan and others v. Amir Ahmad etc. P L D 1952 Lah. 1, ; Boshir Ahmad and others v. Muhammad and others P L D 1956 Lab. 934 ; Khair Din and others. v. Muhammad Hussain and others P L D 1961 S C 468 ; Khatun v. Malla etc. 1974 S C M R 341 ; Muslim Law by Syed Amir Ali, Vol. 11, p. 20 ; Ranee Kajoor Unnissa v. Mst. Roshan Jehan (1876) L R 3 F A 291 ; Holy Qur'an, Chap. 4, Vs. 7, 8 11, 12 & 176 and Sura AI-Nisa, Chap. IV, Vs. 7, 8, 11 12 and 177 ref. JUDGMENT NASIM HASAN SHAH, J.-This is an appeal against the judgment of the Federal Shariat Court, Islamabad, dated 19-5-1981 in Shariat Petition No. 13-R of 1980. The question. before the Federal Shariat Court was whether the restrictions on the power of alienation of persons, who had inherited agricultural land under Customary Law, as prevailing in the Punjab before 16-3-1948, namely, the date on which the West Punjab Muslim Law (Shariat) Application Act (IX of 1948) came into force, was opposed to the injunctions of Islam. In the Province of the Punjab of undivided India in questions- regarding succession etc. the rule of decision was as enacted by section 5 of the Punjab Laws Act of 1872 to be any custom applicable to the parties, which had not been altered or abolished by the said enactment or declared to be void by any competent authority. Under clause (b) of the said section, although Muslim Law, in cases where the parties are Muslims, was to be the rule of decision but this was subject to the condition that the said law had not been modified by any custom. According to the general custom of the Punjab ancestral immovable property held by male…

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