SHABANA vs PUBLIC AT LARGE S — 2023 MLD 1484 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1484 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: SHABANA vs PUBLIC AT LARGE S
Subject matter: Family
Provisions referred to: S. 4---S; S. 4; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHABANA VS PUBLIC AT LARGE S. 4---Succession---Scope---Purpose of S. 4 of the Muslim Family Laws Ordinance, 1961 is to protect the right of orphan---Under the provision, the predeceased children of a deceased cannot be deprived from inheritance in any manner---Section 4 the Muslim Family Laws Ordinance, 1961, is clear and no ambiguity is left---Children of predeceased son or daughter are entitled to inherit the property of their grandfather on his death---Section 4 the Muslim Family Laws Ordinance, 1961, entitles the grandchildren for receiving the share which their father would have inherited had he been alive---Though the Federal Shariat Court has declared the S. 4 of the Muslim Family Laws Ordinance, 1961, to be repugnant to Islam but the operation of verdict stands suspended automatically in the wake of an appeal filed before the Supreme Court.

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