Mst. SAEEDA BEGUM vs State Ss — 2025 SCMR 676 SUPREME-COURT

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Mst. SAEEDA BEGUM VS State Ss. 5 & 11---Qanun-e-Shahadat (10 of 1984), Art. 128---Constitution of Pakistan, Art. 203F---Review of judgment---Qazf, offence of---Withdrawal of complaint---Effect---Legitimacy of child---Respondent/ex-husband was tried for committing Qazf on petitioner/ex-wife---Trial Court instead of deciding the matter of Qazf, left the same to be placed before Almighty Allah on the Day of Judgment---Federal Shariat Court partly allowed appeal filed by petitioner/ex-wife and declared that allegation of Qazf was established against respondent/ex-husband---Federal Shariat Court did not impose punishment of Hadd as Tazkiyat-al-Shuhudwas not done for the witnesses, resultantly punishment was awarded as Ta'zir---Respondent/ex-husband was acquitted by Shariat Appellate Bench of Supreme Court---Petitioner/ex-wife sought review of the judgment passed by Shariat Appellate Bench of Supreme Court---Held, that for enforcing Hadd of Qazf, it is necessary that complainant must not withdraw the complaint---Even silence on the part of complainant amounts to Shubhah (doubt) which becomes an obstacle in the way of enforcing Hadd punishment---Petitioner/ex-wife did not press for punishing respondent/ex-husband, therefore, Hadd could not be enforced---Respondent/ex-husband had already been released after the judgment was announced by Shariat Appellate Bench of Supreme Court---Legitimacy of the child born to petitioner/ex-wife was conclusively established and she was entitled to all legal rights of a legitimate child under Islamic law and law of the land---Child born during subsistence of a valid marriage or within two years after its dissolution, under Article 128 of Qanun-e-Shahadat, 1984 is conclusive proof of legitimacy, provided that the woman remains unmarried after divorce---Act of respondent/ex-husband attracted rules of Qazf, not Li'an---Proceedings for Qazf could not be allowed to continue after the petitioner/ex-wife withdrew from the allegation---Judgment passed by Shariat Appellate Bench of Supreme Court was sustained to the extent of acquittal of respondent/ex-husband---Shariat review petition was allowed accordingly.

Mst. SAEEDA BEGUM vs State Ss — 2025 SCMR 676 SUPREME-COURT

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