(SHARIAT) ACT (AMENDMENT) ORDINANCE, 1983
An Ordinance further to amend the West
(Shariat) Act, 1962
1st August, 1983
No. Legis. 3 (13)/83.-The following Ordinance by the Governor of the
Punjab is hereby published for general information;
Preamble.-Whereas it is expedient to amend the West Pakistan Muslim Personal Law (Shariat) Act, 1962 to bring it in conformity with the Shariah in the manner hereinafter appearing ;
Now, therefore, in pursuance of the Proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977) and the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), the Governor of the
Inheritance. Leave to appeal was granted, inter alia, to consider the effect of the decision of the Supreme Court in Abdul Ghafoor etc. v. Muhammad Shafi PLD 1985 SC 407 regarding . the application of . Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983) on the question of devolution of property having remained at one time with a widow as a limited estate.
P L D 1991 S.C.1096
PLD 1985 SC 407 and 1990 SCMR 1667 ref.
1. Short title and commencement.-
(1) This Ordinance may be called the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983.
(2) It shall come into force at once.
2. Amendment of West Pakistan Act V of 1962.- In the West Pakistan Muslim Personal Law (Shariat) Act, 1962, after section 2, the following new section 2-A shall be inserted :–
“2-A. Succession prior to Act IX of 1948.-Notwithstanding anything to the contrary contained in section 2 or any other law for the time being in force, or any custom or usage or decree, judgment or order of any Court, where before the commencement of the Punjab Muslim Personal Law (Shariat) Application Act, 1948, a male heir had acquired any agricultural land under custom from the person who at the time of such acquisition was a Muslim :—
(a) he shall be deemed to have become, upon such acquisition, an absolute owner of such land, as if such land had devolved on him under the Muslim Personal Law (Shariat) ;
(b) any decree, judgment or order of any Court affirming the right of any reversioner under custom or usage, to call in question such an alienation or directing delivery or possession of agricultural land on such basis shall be void, in executable and of, no legal effect to the extent it is contrary to the Muslim Personal Law (Shariat) Act
(c) all suits or other proceedings of such a nature pending in any Court and all execution proceedings seeking possession of land under such decree shall abate forthwith;
Provided that nothing herein contained shall be applicable to transactions past and closed where possession of such land has already been delivered under such decrees.“.
Competency of customary land-holder to make gift—Court below holding concurrently that gift made by customary land-holder to appellant was under undue influence and its possession which was an essential ingredient of a valid gift was not delivered to donee and that donor being last male holder of property could not at all make any gift because he was governed by custom. Appellant unable to make out a case to come to a finding different from one arrived by Courts below. Gift was declared invalid and of no legal effect and suit property ordered to devolve upon heirs of donor under Muhammadan Law. 1988 S C M R 1238
Points noted for consideration in orders granting leave to appeal-Notwithstanding points noted for consideration in orders granting leave to appeal in each case, Supreme Court, in the interest of justice decided that such points shall have to be decided on due consideration of general impact and effect in each case of a recent legislation of great public importance-Leave granting orders were, therefore, ordered to have been modified and scope enlarged accordingly.