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BUSHRA HUSSAIN vs CHAIRMAN, ARBITRATION COUNCIL, ISLAMABAD S — 2026 CLC 1 ISLAMABAD

Case information

Citation
2026 CLC 1 ISLAMABAD
Court
Islamabad High Court
Year
2026
Reporter
CLC
Parties
BUSHRA HUSSAIN vs CHAIRMAN, ARBITRATION COUNCIL, ISLAMABAD S
Subject matter
Family
Provisions referred to
S. 7

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

BUSHRA HUSSAIN VS CHAIRMAN, ARBITRATION COUNCIL, ISLAMABAD S. 7(1)(a) [as amended by Muslim Family Laws (Second Amendment) Act (XXIX of 2021)]---Word "may" being an enabling word---Effect---Discretion of authority or Court to exercise its powers---Scope---Word "may" makes a provision "enabling" and it gives the discretion to the authority or Court to exercise its power but it is usually construed as "permissive" and not "mandatory"---Word "may" used in proviso to S. 7 of the Ordinance being an enabling word would be given meaning of a compulsion that must be followed---When the ordinary dictionary meaning of a provision of law leads to an absurd interpretation and contradicts the purpose of the law,in such situation the language of the text can be modified to meet the intention of the legislature---Such modifications are done by changing the meaning of the word or ignoring it altogether---Such exceptional interpretation is required when a careless word is used by an ignorant draftsperson which goes against the intention of the whole statute---Such instances are indeed exceptional and courts are reluctant to substitute or add a word in astatute, but courts may depart from the literal rule when required to avoid absurdity.

Other judgments reported in 2026 CLC

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