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MUHAMMAD IBRAHIM KHAN vs PROVINCE OF PUNJAB through Secretary Ministry of Law, Punjab Secretariat, Lahore adoption — 2023 PLD 1 FEDERAL-SHARIAT-COURT

Case information

Citation
2023 PLD 1 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2023
Reporter
PLD
Parties
MUHAMMAD IBRAHIM KHAN vs PROVINCE OF PUNJAB through Secretary Ministry of Law, Punjab Secretariat, Lahore adoption
Subject matter
Civil
Provisions referred to
Violence Act

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

MUHAMMAD IBRAHIM KHAN VS PROVINCE OF PUNJAB through Secretary Ministry of Law, Punjab Secretariat, Lahore adoption---Permissibility---according to the Quran (Verses 4 and 5 of Surah al-ahzab) one may adopt a child, but one cannot change his parentage --- adopted child must be addressed with the name of his real father and if somebody does not know the name of the father of the adopted child, then allah (SWT) said that they should be treated as brethren in Islam and as friends. Head NotesCase Description Citation Name: 2023 PLD 1 FEDERAL-SHARIAT-COURTBookmark this Case MUHAMMAD IBRAHIM KHAN VS PROVINCE OF PUNJAB through Secretary Ministry of Law, Punjab Secretariat, Lahore Ss. 7(1)(d), 12, 19, 21, 22, 23, 25, 27, 28 & Preamble---Constitution of Pakistan, Arts. 25(3) & 203-D---Shariat petition---Punjab Protection of Women against Violence Act, 2016 ('the impugned Act')---Repugnancy to Injunctions of Islam---Contentions that impugned Act is against the Injunctions of Islam, as it is discriminatory against males since it talks about the rights of females only; that the impugned Act will devastate the family system of the country; that according to the Holy Quran a husband is permitted to hit his wife; that the procedure laid down in the impugned Act is against the Injunctions of Islam; and that making any male person wear a GPS tracker is also against the Injunctions of Islam---Held, that most of the arguments of the petitioners and the contents in their shariat petitions are either based on unfounded apprehensions regarding the impugned Act; or they are based on cultural understanding of certain societal norms and certain specific behaviors---No provision of the impugned Act is against the Injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (SAW)---Detailed reasons for holding the impugned Act to be in accordance with the Injunctions of Islam stated. Head NotesCase Description

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