| Citation(s) |
|---|
| 1992 SLG 585 1992 SLD 585 1992 PLD 527 |
Federal Shariat Court
Shariat Petition No. 52/I of 1991, decided on 11th May, 1992
TANZIL-UR-RAHMAN, C.J., FIDA MUHAMMAD KHAN AND MIR HAZAR KHAN KHOSO, JJ
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Shariat Petition No. 52/I of 1991, decided on 11th May, 1992
TANZIL-UR-RAHMAN, C.J., FIDA MUHAMMAD KHAN AND MIR HAZAR KHAN KHOSO, JJ
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Ch. IRSHAD AHMAD
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Health, Islamabad court
Law:
Section:
Federal Services Medical Attendance Rules, 1990--- ----R. 2(d), Expln.---Constitution of Pakistan (1973), Art. 203-D---Repugnancy to Injunctions of Islam---Provision of R. 2(d), Explanation which provides that in case a Government servant has more than one wife, the wife nominated by him is entitled to medical attendance and treatment and not the other wife or wives as the case may be, is not repugnant to Injunctions of Islam, for it is in fact a concession which has been granted under the Rules and cannot -be stretched to provide medical facilities to more than one wife Sura Al-Nisa 3 : 3 ref. JUDGMENT TANZIL-UR-RAHMAN, C. J.---By this petition, the petitioner has challenged Explanation (4) below clause (d) of Rule 2 of the Federal Services Medical Attendance Rules, 1990 on the ground that it is repugnant to the Injunctions of Islam. The said explanation is reproduced below:-- "In case of more than one wife, the wife nominated by the Government Servant to receive medical attendance and treatment will be entitled to it." The petitioner contends that the explanation, impugned before us provides that in case a Government Servant has more than one wife, the wife nominated by him is entitled to medical attendance and treatment and not the other wife or wives or as the case may be. 2. The petitioner for the above submission has placed his reliance on the following Verse of Sura Al-Nisa, which reads as under:-- The above Verse relates to equal treatment among the wives by the husband. 3. The learned counsel for theβ¦
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