| Case ID |
4656235e-14ee-40c9-9787-7dcb75f1b457 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
|
| Hearing Date |
May 18, 1981 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, who are members of the Bohra Muslim sect. They sought a declaration that certain institutions and practices of their sect were against the Injunctions of Islam. The Court found that the Federal Shariat Court had no jurisdiction to entertain the matter as the aforementioned institutions were not recognized as 'law' under Article 203-B of the Constitution. The Court reiterated that the term 'law' does not encompass Muslim personal law and that such matters of faith and belief are not enforceable in a court of law. Consequently, the appeal was deemed without merit and dismissed. |
| Summary |
The case revolves around the legal interpretation of religious institutions and practices of the Bohra Muslim sect in relation to the Injunctions of Islam. The Supreme Court of Pakistan examined whether the Federal Shariat Court could declare these practices as contrary to Islamic injunctions under Article 203-B of the Constitution. The Court held that the terms 'law' in this context do not extend to practices of faith that lack enforceability in a court setting. This case highlights the delicate balance between personal belief systems and legal frameworks, especially in a diverse religious landscape. Ultimately, the Court reaffirmed the autonomy of Islamic sects in practicing their beliefs as per their interpretations, without judicial interference. This decision is significant for legal practitioners and scholars interested in the intersection of law and religion, particularly in Pakistan's unique constitutional context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE KARAM ELAHEE CHAUHAN,
JUSTICE MUHAMMAD AFZAL ZULLAH,
JUSTICE SHAH NAWAZ KHAN
|
| Lawyers |
Khalid M. Ishague,
Nizam Ahmad,
Aziz A. Munshi,
Aziz A. Khan,
Fakhruddin G. Ebrahim,
A. M. Haider Mota,
Hassan A. Shaikh,
Mohsin Tayyab Ali
|
| Petitioners |
others,
MANSOOR ALI
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
1981 SLD 1309 = 1981 PLD 331
|
| Other Citations |
Federation of Pakistan v. Mst. Farishta P L D 1981 S C 120,
Saeedullah Kazmi v. Government of Pakistan P L D 1981 S C 42
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
203-D
|