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MOHAMMAD BOOTA (DECEASED) vs Mst — 2023 SCMR 1901 SUPREME-COURT

Case information

Citation
2023 SCMR 1901 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
MOHAMMAD BOOTA (DECEASED) vs Mst
Provisions referred to
S. 2-; S. 2; S. 5

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

MOHAMMAD BOOTA (DECEASED) VS Mst. FATIMA Ss. 19-a & 20---West Pakistan Muslim Personal Law (Shariat) application act (V of 1962), S. 2-a---Punjab Muslim Personal Law (Shariat) application (amendment) act (XI of 1951), S. 2 [since repealed]---Punjab Muslim Personal Law (Shariat) application act (IX of 1948), S. 2 [since repealed]---Punjab Laws act (IV of 1872), S. 5 [since repealed]---State of Bahawalpur---Tenancy rights, inheritance of---Female heirs---Succession in tenancy matters prior to the year 1951---Even prior to the year 1951, when section 19-a was inserted in the Colonization of Government Lands (Punjab) act, 1912, sharia law was enforced in the State of Bahawalpur---Succession for the purposes of Muslims was governed by sharia law even before 1951 unless any custom was established as being consistently prevalent in the area and applicable to the parties---Even section 5 of the Punjab Laws act, 1872 did not exclude sharia law from applying on personal law matters, provided a custom, not contrary to justice, equity and good conscience was established---Punjab Muslim Personal Law (Shariat) application act, 1948 clarified that muslim personal law was applicable for the purposes of succession notwithstanding any custom meaning that all decisions regarding succession were governed by sharia law---The 1948 Shariat act was applicable to the State of Bahawalpur where the rule of decision for the purposes of succession was sharia law---Therefore, even prior to March 1951, sharia law was applicable in Bahawalpur to muslims on account of the 1948 Shariat act which means that even in the presence of a custom or section 20 of the Colonization of Government Lands (Punjab) act, 1912 sharia law will prevail.

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