Law:

Section:

(a) Constitution of Pakistan (1973)--Arts.203-B(c) & 203-D---Entries of the Wajib-ul-Arz (of village Bhojah) coming not under the definition of "law" as provided in Art.203-B(c) of the Constitution, Federal Shariat Court had no jurisdiction to declare them repugnant or otherwise to the Injunctions of Islam. Al Qur'an Verses 4:29; 4:32; 4:2; 3:186; 4:5; 4:34; 4:28; 63:9; 4:29; 5:41; 2:188; 2:177; 3:75; Mst. Bhagh Bhari etc. v. Mst. Bhagan PLD 1954 Lah. 356; Sajawal Shah and another v. Syed Rahim Shah PLD 1975 SC 325 and Gazetteer of the Hazara District p. 93 ref. Per Pir Muhammad Karam Shah, J., partially agreeing with Maulana Muhammad Taqi Usmani, J: - Per Maulana Muhammad Taqi Usmani, J. contra.--- Per Maulana Muhammad Taqi Usmani, J: (b) Wajib-ul-Arz--- ----Connotation---Whether Wajib-ul-Arz was part of custom. The Land Systems of British India, New Delhi, 1988, Vo1.2 p.89; Dovies's Settlement Manual, 6th Edn. 1982, pp. 181, 182 paras. 295, 296; Aya Gul v. Sher Zaman PLD 1954 Pesh.69 - 71; Mst. Bagh Bhari v. Bhagan PLD 1954 Lah.356 - 360 and A Digest of Customary Law by Rattigan, paras.223, 224 ref. (c) Islamic Jurisprudence--- -----Ownership------ (d) Islamic Jurisprudence--- -----Ownership------ (e) Shamilat-- ---Definition. (f) Islamic Jurisprudence--- -----Ownership------ (g) Islamic Jurisprudence--- ----Agreement---Islamic concept. JUDGMENT JUSTICE SHAFIUR RAHMAN (MEMBER) ---Haji Qudrat Ali has appealed, as of right, under Article 203-F of the Constitution of Islamic Republic of Pakistan, 1973 against the decision of the Federal Shariat Court dated 19th January, 1988 whereby his petition filed under Article 203-D(1) of the Constitution challenging certain entries of the Wajibul Arz of village Bhooja, Tehsil and District Mansehra was dismissed. "' 2. According to the appellant, the Wajibul Arz prepared at the- first Regular Settlement of 1872 and thereafter in 1904-1905 and finally in 1.946­1947 of village Bhooja, Tehsil and District Mansehra contain certain customary rights with regard to village common property which are repugnant to Injunctions of Islam. The specific provisions challenged were the following:-- "(i) Whenever Shamilat land would be…

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