Pakistan Supreme Court : SC says jirga decision cannot bypass Islamic jurisprudence

Insight Online News

Islamabad, Oct 27 : The Pakistan Supreme Court on Tuesday said neither can the judiciary nor a jirga could be a substitute to the Islamic law of inheritance when “Deen-i-Elahi” (divine religion) had already settled the matter 1,400 years ago, Dawn reported on Wednesday.

Justice Qazi Faez Isa observed that “The law of inheritance in Islam is final and neither the courts nor any jirga can change this”, adding that the settlement reached in the present case about distribution of the properties in question through a June 13, 2004 panchayat or jirga was not higher than the Islamic Shariah laws.

The SC’s observation came regarding a dispute over the distribution of properties in Swat, including some lands situated at Samar Bagh by the legal heirs, which had come up for hearing before a two-judge SC bench also consisting of Justice Yahya Afridi.

The decision came on a petition moved by Hayat Bibi, daughter of Habib Khan who died in 1986. Senior counsel Dil Mohammad Alizai represented Gul Sazza Begum, third wife of Habib Khan, who claimed that her deceased husband had gifted the entire property situated at Samar Bagh to her in haq mahar (dower amount).

The court, however, set aside the Jan 18, 2016 judgement of the Peshawar High Court which had upheld the January 15, 2015 order of a civil judge and ordered equal distribution of the properties among all the legal heirs of two former wives with whom Habib Khan married during his lifetime.

As per the fresh order, the properties will have to be divided among eight legal heirs, mostly the daughters of Habib Khan from two earlier wives.


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