P L D 2001 SC 18




Per Mian Muhammad Ajmal, J.

(a) Constitution of Pakistan (1973), Article 2A

After addition of Article 2A in the Holy Qur’an and Sunnah have become the Supreme Law of Pakistan and the Courts are obliged to enforce the existing laws with such adaptations as are necessary in the light of Holy Qur’an and Sunnah to uphold the holy provisions thereof. Article 31 of the Constitution contemplates that steps shall be taken to enable the Muslims of Pakistan, individually and collectively. [p. 20] A

In view of Article 2A of the Constitution every organ of the State is duty bound to act and implement the Islamic principles as enshrined in the Holy Qur’an and Sunnah. It is the duty of the State to do social justice to the people. Islam in its inheritance system has provided social justice to both the sexes as both male and female are entitled to inherit in prescribed manner whereas in customs only males would inherit as absolute owners while the females are denied that right and they are given limited rights and that, too, as of grace. [p. 21] C

(b) Constitution of Pakistan (1973), Articles 2A, 31, 203D & 227

The above provisions of the Constitution abundantly manifest that no law repugnant to the Holy Qur’an and Sunnah can be enacted and all existing laws have to be brought in conformity with the Injunctions of Islam as enunciated in the Holy Qur’an and Sunnah. The existing laws or any provision thereof, on examination by the Federal Shariat Court, if declared repugnant to the Injunctions of Islam, such law or provision thereof ceases to have effect on the day on which the decision of the Court takes effect. [p. 21] B

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