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; S. 17

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"---Permissive or mandatory---Nature---Ordinarily the word "may" refers a discretion but if the whole context is considered as to what was the purpose of the legislature behind incorporating this amendment with reference to Fiqah-e-Jafria through S. 17(1)(a) of the Ordinance, the entire concept of, "may" as to discretion stands negated---There is no absolute settled test which can determine whether astatute is 'discretionary or 'mandatory'---It is the duty of the court to take into consideration the intent of the legislature and the whole scope of the statute to determine whether it is 'permissive' or 'mandatory' in nature.

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