Case Details

Citation(s)
2006 SLG 2000 2006 SLD 2000 2006 CLC 362
Sindh High Court
S.M.A.No.104 of 1995, decision dated: 19-12-2005.
MUHAMMAD MUJEEBULLAH SIDDIQUI, J

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In re: Mst. NAGHMA SIDDIQUI HILLFRAM, KARACHI

Law:

Section:

(a) Islamic law-------Succession---Merely by marrying a non-Muslim, a female does not become non-Muslim and shall not be deprived of her right of inheritance in respect of the properties left by her parents. (b) Islamic law-------Faith---Conversion---If a person says that he is a Muslim and it is not shown that he still believes in something against the articles of faith, then no body has any right to dispute his claim---If, however, a person claims himself to be a Muslim but believes in something which is against the basic articles of faith such as, is the case of Ahmedis/Qadianis, he shall be treated as non-Muslim---If even no document is available the mere assertion of a person that he embraced Islam on a particular date, his statement is to be accepted and he shall not be called upon to produce any other evidence to establish his conversion to Islam---Principles. (c) Succession Act (XXXIX of 1925)--- ----S. 5--- Merely by marrying a non-Muslim, a female does not become non-Muslim and shall not be deprived of her right of inheritance in respect of the properties left by her parents---Application for revocation of the Letter of Administration on the ground that the said female had no right of inheritance in respect of the properties left by her father was without substance. Ms. Rukhsana Ahmed for Petitioner. Shamdas B. Changani for Applicant. Mst. Shakeela Khanum widow of deceased Zubair Hussain Siddiqui. Date of hearing: 21st November, 2005. ORDER Orders on C.M.As. Nos.1242 and 2547 of 1997 MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---The facts giving rise to the above application are that the applicant Mst. Shakeela Khanum is widow of late Zubair Hussain Siddiqui. After the death of Zubair Hussain Siddiqui, one of his daughters namely, Naghma Siddiqui filed a petition bearing S.M.A. No.104 of 1995, praying for issuance of Letter of Administration in respect of the properties left by the deceased. The Letter of Administration was granted. Thereafter the listed applications have been submitted by Mst. Shakeela Khanum widow of deceased Zubair Hussain Siddiqui contending that petitioner Mst. Naghma Siddiqui is married to a Christian namely, Curt Lawrance Hillfram. It is…
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