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25 September 2004
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Saturday
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09 Shaban 1425
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ISLAMABAD: SC reserves judgment on wedding meal petition
By Our Staff Reporter
ISLAMABAD, Sept 24: The Supreme Court on Friday reserved its judgment on a constitutional petition against the government ban on serving meals and wasteful expenses in marriage festivities.
A three-member SC bench, comprising Chief Justice of Pakistan Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Tassadduq Hussain Jillani, also declined to entertain petitioner's request to withdraw the petition at a stage when the entire proceedings had concluded.
The court also asked the deputy attorney-general and the four provincial advocate-generals to submit written arguments within a week if they desired so. During the hearing, the chief justice also observed that this social issue was not only related to the fundamental rights, but also of utmost public importance.
The bench was re-hearing petitions against government's ban on marriage meals because former chief justice Sheikh Riaz Ahmed could not sign the verdict he announced earlier through a short order in November 2002, scrapping the ban on serving meals at public places in marriage functions.
Petitioner Muhammad Siddique was representing a consortium of leading caterers, restaurant owners and poultry farmers who had challenged the ban with the contention that it was against the injunctions of Islam.
The federal government had promulgated Marriage (Prohibition of Wasteful Expenses) Ordinance in 1997, renewed in 2000, prohibiting serving food in marriage and Valima receptions at public places.
Muhammad Hanif Abbasi, also a petitioner, on Friday advanced arguments in support to the federal government law by stating that the ban should remain imposed. He stated that serving lavish meals at marriage functions was un-Islamic as only three obligations associated with the marriage were Islamic namely: Nikah (matrimonial bond), Rukhsati (departure of bride from her parents house) and Valima (feast hosted by bridegroom).
He also cited examples of Valima of the Holy Prophet (PBUH) to establish that such functions should be simple. The petitioner said that only a cup of milk was served to the guest during the Valima ceremony of Hazrat Ayesha while the meat of one goat was served at the Valima of Hazrat Zainab bint-i-Jahash, whereas Sahabas (friends of the Holy Prophet) brought cooked food from their own house for the Valima of Hazrat Safia.
He also quoted a column from an Urdu daily in which a letter of four sisters were published reflecting the miseries of poor families, stating that adultery had become cheaper than a legal marriage only due to the present trend of extravagance and show-off during marriages.
MMA PETITION ADJOURNED: The apex court on Thursday adjourned for Oct 14, a petition of the Muttahida Majlis-e-Amal (MMA), pleading the court to hold fresh elections in Karachi for the two National Assembly seats.
The religious alliance had challenged a recent declaration of the Muttahida Qaumi Movement (MQM) backed candidates as successful members from Karachi during the recently held by-polls.
An SC bench, comprising Justice Hamid Ali Mirza and Justice Shakirullah Jan, adjourned the hearing when Muhammad Ikram Chaudhry from the petitioners side requested that a full bench should hear the election matter. Advocate-General Sindh Mansoor Alam Khan also supported the contention that a full bench should proceed with the case.
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