| Citation(s) |
|---|
| 1996 SLG 1311 1996 SLD 1311 1996 CLC 1 |
Sindh High Court
Constitutional Petitions Nos. S-17 of 1995, and S-41 of1994, decision dated: 13-09-1995
SHAFI MUHAMMADI, J
Syed Ansar Hussain and Usman Ghani Rashid for Petitioner (in C.P. Nos.17 of 1995 and 41 of 1994). Mumtaz Hussain Shah and Shaffat Hussain for
Respondent
Constitutional Petitions Nos. S-17 of 1995, and S-41 of1994, decision dated: 13-09-1995
SHAFI MUHAMMADI, J
Syed Ansar Hussain and Usman Ghani Rashid for Petitioner (in C.P. Nos.17 of 1995 and 41 of 1994). Mumtaz Hussain Shah and Shaffat Hussain for
Respondent
Captain sm. ASLAMvs Mst. RUBI AKHTAR
Law:
Section:
(a) Administration of justice------- Trend of keeping infructuous petitions pending by counsel of the parties which not only increases the burden of Courts for nothing but also wastes the most valuable time of the Courts without any useful purpose, depricated. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 17 & 25---Interpretation of Ss. 17 & 25, Guardians and Wards Act, 1890---Terms "Hizanat" and "Willayat"---Scope.--[Words and phrases]. Sections 17 and 25 of the Guardians and Wards Act, 1890, encircle the rights regarding custody of minors by their parents which rights are usually termed as "Hizanat" and "Willayat" .The word "Hizanat" or "Hidanat" (as pronounced by the Asians and the Arabs respectively) is used for custody of minors by mother and the term "Willayat" is used for custody of minors by father. Word "Hizanat" in its literal sense means "upbringing". Therefore it covers the concept of "Wallayat" too. It is also important to point out that in legal terminology the word "Hizanat" or "Willayat" cannot be limited to the extent of mother or father of minors because the duty of upbringing can be performed by any person who has legal right to do so such as maternal or paternal aunts or grandmother. On account of this reason most of the textbooks particularly written in Arabic titled the relevant chapter with the word "Al Hizanat" (c) Precedent-- ----Judgment of Single Judge of High Court rendered in original jurisdiction was not authoritative for any other Judge of any High Court even sitting on original side muchless to consider same to be applicable to an Appellate Court or a Court exercising Constitutional jurisdiction. Muhammad Swaleh and another v. Messrs United Grain & Fodder Agencies PLD 1964 SC 97 ref. (d) Islamic Jurisprudence --- ----Sources of Islamic Laws---Conflicting views in textbooks on Islamic laws or conflicting views of different Imams, cannot override the main source of Islamic laws i.e. the Holy Qur'an, the Ahadith of the Holy Prophet and Ijma. Mohammedan Law by F.B. Tyabji; Mohammedan Jurisprudence by Abdul Rahim; Mahomedan Law by Mulla; Hedaya by Charles Hamilton; Mohammedan Law by Amir Ali; Digest of Mohammedan…
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