2023 PLD 291 FEDERAL-SHARIAT-COURT

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NAJAAT WELFARE FOUNDATION VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Central Secretariat, Shaharah-e-Dastoor, Islamabad art. 203B(c)---Federal Shariat Court, jurisdiction of---Scope---No provision of the Constitution can be challenged through a Shariat petition. Head NotesCase Description Citation Name: 2023 PLD 291 FEDERAL-SHARIAT-COURTBookmark this Case NAJAAT WELFARE FOUNDATION VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Central Secretariat, Shaharah-e-Dastoor, Islamabad arts. 203-D & 263(1)(a)---General Clauses act (X of 1897), S. 13---Shariat petition---appointment of woman judge---Repugnancy to Injunctions of Islam---Duty of establishing rights and duties, to enjoin good and forbid evil in a society according to the dictation of allah and His Prophet (SaW) is clearly and categorically placed by the almighty allah upon Muslim men and women equally, which is the prime responsibility of the Judiciary in any society---Contention that the words "she" and "her" are alien to the chapter of Judicature of the Constitution, is misconceived as use of the masculine gender in any statute and law includes female unless there is anything repugnant in the subject or context---Said principle of law is contained in S. 13 of the General Clauses act, 1897, and also in art. 263 of the Constitution---Islam is the only religion which is based upon a revealed book of allah in which a substantial portion of beliefs and practices are based on those traditions or Hadiths which are narrated by female companions of the Holy Prophet (PBUH) in general and by the wives of the Holy Prophet (SaW) in particular---Great portion of Islamic religion, faith, beliefs and practices are transmitted to the Ummah through these highly exalted and revered ladies i.e. the Mothers of the Faithful, which tells one of the actual elevated status, whereupon Islam places women---Some Umahat al-Moomineen would give Juristic opinions commonly called the 'Fatwas'---Books of ahadith including Sahih Bukhari and Sahih Muslim contain Fatwas of Hazrat ayesha (Ra) i.e. the legal opinions of Hazrat ayesha (Ra) so much so that there are reported instances where very senior ashaab al-Rasool (Ra) sought legal opinion from Hazat ayesha (Ra)---In the light of such strong tradition and history of Islam which acknowledges the legal and jurisprudential scholarship of women, the appointment of female judges subject to the provisions of any law and the Constitution is not against the injunctions of Islam as laid down in the Holy Quran and Sunnah---Shariat petition was dismissed. Head NotesCase Description

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