SHAHAB SAQIB vs SADAF RASHEED art — 2023 PLD 34 ISLAMABAD

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SHAHAB SAQIB VS SADAF RASHEED art.228---Council of Islamic Ideology---Object, purpose and scope---Council of Islamic Ideology (Council) has been created under art. 228 of the Constitution---authority has been conferred upon the Council to make recommendations to the Parliament and Provincial assemblies as to ways and means to enable Muslims of Pakistan to enable their lives in accordance with injunctions of Islam---Parliament is to amend existing laws or promulgate new laws for such purpose. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED arts. 189 & 201---Judgments by Supreme Court and High Court---Judgments of Supreme Court are binding on everyone in terms of art. 189 of the Constitution and judgments of High Courts are binding on all subordinate forums in terms of art. 201 of the Constitution. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED Customs and personal law---Scope---Certain relationships, such as marriage and interactions within family, are left outside the domain of public law and are regulated by personal law of community in question---Customs and personal laws of communities are guided by their respective religious beliefs and edicts---Process of codification of personal laws of communities begins taking root, so codified statutory provisions as well as uncodified personal law both constitute sources of law guiding courts in reaching decisions in areas that traditionally belong to province of private law. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED O. XLI, R. 23---Remand of case---Principle---Remand order must not be passed as a matter of routine---Proceedings in appeal are continuation of trial and to the extent that Appellate Court is able to adjudicate matter before it in view of the record and evidence before it, there arises no occasion to remand the matter to Trial Court---Order of remand delays adjudication of case and execution of adjudicatory order---Such delay inevitably benefits party that has an interest in delaying enforcement of adjudicatory order. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED arts. 178 & 194---Oath of Judges---Duties and obligations---Judges under the oath sworn by them are obliged to dispense justice in accordance with law and Constitution---Judges are not legislators and their personal, religious and moral beliefs can play no part in influencing discharge of their judicial functions. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED Casus omissus, principle of---Applicability---Jurisprudence and principle of law can be used as a tool for interpretation of statutes where text of statute in view of its plain meaning can be accorded more than one interpretation---If language of statute unequivocally conveys intent of law, no external source of law can be employed to read into that statute---Jurisprudence and principle of law do not trump the principle of casus omissus---Court cannot supply to a statute language that is not provided therein. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED arts.199, 203-C & 228---Constitutional jurisdiction of High Court---Judge's own understanding of Islam---Laws in conformity to injunctions of Islam---Declaration---High Court is not to usurp jurisdiction of Federal Shariat Court on one hand or Council of Islamic Ideology comprising religious scholars and the Parliament on the other by importing one's personal understanding of principles emanating from the Quran and the Sunnah in deciding cases in the presence of clear statutory provisions addressing the subject matter. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED art. 10-a---Fair trial and due process of law---Principle---Non-availing of due process of law---Effect---Rights of opponent party---Scope---Due process under art. 10-a of the Constitution is afforded to a person whose rights are being determined---Such person cannot chose to benefit from due process, if he elects not to avail opportunity to be heard---Providing such person repeat opportunities tantamount to undermining due process rights of other persons whose rights and interests are also tied up in litigation. Citation Name: 2023 PLD 34 ISLAMABADBookmark this Case SHAHAB SAQIB VS SADAF RASHEED S. 5---Muslim Family Laws Ordinance (VIII of 1961), S. 9---Constitution of Pakistan, Art. 199---Constitutional petition---Maintenance of wife---Deferred dower---Working woman---Failure to live with her husband---Effect---Suit for recovery of maintenance and deferred dower was filed by respondent / wife against petitioner/ husband---Trial Court and Lower Appellate Court concurrently passed ex-parte judgments and decrees against petitioner / husband---Plea raised by petitioner / husband was that respondent / wife was a working woman and she was not entitled to receive her maintenance as she was not residing with him---Validity---No condition exists in S.9 of Muslim Family Laws Ordinance, 1961, that needed to be satisfied prior to establishing eligibility of wife, who remained in bond of marriage, to maintenance and none could be imported into it on the basis of commentaries in various treatises on the principles of Islamic Law---Provision of S. 9 of Muslim Family Laws Ordinance, 1961, was not ambiguous and consequently conditions for grant of maintenance to a wife could not be read into it by virtue of erstwhile S. 488, Cr.P.C. or S. 2 of Muslim Personal Law (Shariat Application) Act, 1937 [since repealed], or case law evolved at a time when such statutory provisions were in the field---Respondent / wife was entitled to maintenance for entire period that she remained married to petitioner unconditionally and preconditions could be imposed, the satisfaction of which was a prerequisite to assert her entitlement to maintenance---Lower Appellate Court made no mistake in law in granting maintenance to respondent/ wife---High Court in view of clearly affixed obligation under S. 9 of Muslim Family Laws Ordinance, 1961, declined to interfere in ex-parte judgments and decrees passed by two Courts below---Constitutional petition was dismissed, in circumstances.

SHAHAB SAQIB vs SADAF RASHEED art — 2023 PLD 34 ISLAMABAD

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