| Case ID |
209a5270-7a12-4e07-9180-869e4a0236a1 |
| Body |
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| Case Number |
Civil Appeal No. 1083 of 1995 |
| Decision Date |
Jun 16, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the gift made by Jamal Din to his issueless wife, Mst. Karam Noor, constituted a complete and absolute gift of the corpus of the property rather than merely a gift of usufruct. The court held that any conditions attached to the gift that were derogatory to the absolute ownership were void. This decision was reached after considering the principles of Islamic law regarding gifts and the specific circumstances surrounding the case, including the intentions of the donor as expressed in the relevant statements and documentation. The court emphasized that the intention of the donor must be ascertained from the wording of the gift and the context in which it was made, affirming the validity of the gift as an outright transfer of property. |
| Summary |
This case revolves around the interpretation of a gift made under Islamic law, specifically the Muhammadan law concerning gifts (Hiba) and usufruct (Ariyat). The Supreme Court of Pakistan addressed critical questions regarding the permissibility of gifting usufruct of immovable property and whether a gift to an issueless wife for life could be construed as a gift of the property itself. The court concluded that the intention of the donor, Jamal Din, was to grant full ownership of the property to his wife, Mst. Karam Noor, despite any conditions that suggested otherwise. This ruling highlights the intricacies of Islamic inheritance laws and the importance of donor intent in determining the nature of gifts. The decision serves as a significant reference for similar cases involving the interpretation of Islamic gifts, reinforcing the principle that conditions undermining the absolute ownership of gifted property are invalid under Islamic law. Keywords include Islamic law, gift of usufruct, Muhammadan law, property ownership, donor intent, and inheritance laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAIDUZZAMAN SIDDIQUI,
KHALIL-UR-REHMAN KHAN
|
| Lawyers |
Malik Muhammad Nawaz, Advocate,
Tanvir Ahmad Advocate-on-Record (absent),
S.M. Zafar, Senior Advocate,
S. Zahid Hussain, Advocate,
Khan Imtiaz Muhammad Khan, Advocate-on-Record Nos. 1 to 3
|
| Petitioners |
ABDUL HAMEED and 23 OTHERS
|
| Respondents |
MUHAMMAD MOHIYUDDIN SIDDIQUE RAJA and 3 OTHERS
|
| Citations |
1997 SLD 430,
1997 PLD 730
|
| Other Citations |
Mst. Khan Bibi v. Mst. Safia Begum and others PLD 1969 Lah. 338,
Balugh-al-Maram, Hadith No.793,
Fatawa Alamgiri by Allama Maulana Syed Amir Ali, Vol. VII, pp.72-73,
Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others PLD 1971 SC 791
|
| Laws Involved |
Constitution of Pakistan (1973),
Principles of Mahomedan Law by Mulla
|
| Sections |
Art. 185(3),
para. 164
|