| Case ID |
175eba9d-3f3f-442c-b890-be5b5b433451 |
| Body |
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| Case Number |
Civil Petition No.2032-L of 1999 |
| Decision Date |
Jan 20, 2003 |
| Hearing Date |
Jan 20, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Lahore High Court, which had previously set aside the judgment of the Additional District Judge. The court confirmed that Mst. Bano Mai, as the daughter of the deceased Meeran, is entitled to inherit half of the property left by her father. The court emphasized the retrospective effect of Section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act (1962), stating that the deceased was the absolute owner of the property, and thus, his legacy would devolve upon his legal heirs according to Muslim Personal Law of Inheritance. The court found no jurisdictional error or illegality in the Lahore High Court's judgment, thereby dismissing the petition as meritless. |
| Summary |
In the case concerning Mst. Bano Mai and the inheritance rights under Muslim Personal Law, the Supreme Court of Pakistan addressed the retrospective application of the West Pakistan Muslim Personal Law (Shariat) Application Act (1962). The court ruled that Mst. Bano Mai, having married before the partition of the Sub-Continent, was still entitled to inherit property from her father, Meeran. The decision highlighted the importance of understanding the legal implications of customary law in relation to Islamic inheritance laws. The court's ruling affirmed the rights of women in property inheritance, showcasing the evolving interpretation of Muslim personal law in Pakistan. Key legal terms include 'inheritance', 'Muslim Personal Law', 'property rights', and 'retrospective application', which remain significant in ongoing discussions about gender equity in inheritance rights. This case sets a precedent for future rulings on similar matters, reinforcing the protections afforded to heirs under Islamic law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Tariq Masood, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record
|
| Petitioners |
Falak Sher
|
| Respondents |
Mst. Bano Mai
|
| Citations |
2006 SLD 2566,
2006 SCMR 884
|
| Other Citations |
Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
|
| Sections |
2-A,
3
|