Law:

Section:

(a) Islamic Law-------Conversion---When once a person has changed his religion and changed his personal law, that law will govern the rights of succession of his children. As soon as a person embraces Islam, he, at once, becomes subject to the Muslim Personal and Religious Law and is completely cut off from his past. He accepts a new mode of life and enters a new domain where his deeds, words and actions are governed by the laws of his new religion. So far as his individual personality is concerned, there cannot be any doubt about it that his future in all aspects of his life becomes amenable to Muslim law, from the moment of his conversion to Islam. When once a person has changed his religion and changed his personal law, that law will govern the rights of succession of his children. In the present case, admittedly, a Hindu became a Muslim and his right to hold the property was not in any manner affected by his embracing Islam. Even otherwise, the right to hold the property inherited from his father would not be affected. He alienated the property as a Muslim owner. The custom having been declared to be void by a competent authority even within the meaning of unamended section 5 of the Punjab Laws Act, 1872 and the derogatory provision having already been removed by the competent Legislature, there could possibly be no restriction on the said person to alienate the land which could be enforceable under the Hindu Customary Law. Farooq Leivers v. Adelaide Bridget Mary PLD 1958 Lah. 431 and Mitar Sen Singh v. Maqbul Hassan Khan AIR 1930 PC 251 fol. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2A---Punjab Laws Act (IV of 1872), S.5 (as amended)---Succession---Alienation---Custom allowing collaterals to challenge alienation is repugnant to Injunctions of Islam---Custom would be applicable in the matter if the parties concerned are not Muslims. Muhammad Ishaq's case PLD 1981 FSC 278 and The Federation of Pakistan v. Muhammad Ishaq and another PLD 1983 SC 273 fol. Muhammad Ishaq v. Federation of Pakistan PLD 1981 FSC 278; The Federation of Pakistan v. Muhammad Ishaq and another PLD 1983 SC 273; Mst. Khatun v. Malla and 5…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492