25 October 2004	Monday	10 Ramazan 1425

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ISLAMABAD, Oct 24: The Shariat Appellate Bench of the Supreme Court has adjourned the hearing of a petition challenging Federal Shariat Court's verdict which declared some sections of the Muslim Family Law Ordinance, 1961 , un-Islamic and held that polygamy was permissible under Islamic injunctions.

A five-member Shariat appellate bench comprising three judges of the Supreme Court - Justice Abdul Hameed Dogar, Justice Mohammad Nawaz Abbasi, Justice Mian Shakirullah Jan - and two ulema members Justice Dr Allama Khalid Mahmood and Justice Dr Rashid Ahmed Jullandhari was hearing the petition of Tanveer Jehan and Women Action Forum (WAF) on Friday.

The Federal Shariat Court (FSC) on Jan 5, 2000, had declared some articles of the Muslim Family Laws Ordinance, 1961, as un-Islamic and had directed the president to amend the law's provisions relating to the share of orphan in grandfather's property, registration of Nikah and divorce to bring them in conformity with the injunctions of Islam.

The FSC had delivered its judgment in 37 petitions challenging Section 4 (share of orphan in the heritage of grandfather), Section 5 (registration of Nikah), Section 6 (polygamy) and Section 7 (divorce) of the Muslim Family Laws Ordinance, 1961.

Human rights activist Asma Jehangir, representing the WAF before the appellate bench, stated that the constitution did not accept the jurisdiction of the FSC to interpret Muslim Personal Laws Ordinance, 1961, under Article 203-B of the Constitution. Even in terms of interpreting the Islamic laws, the FSC had not done justice and had not assessed the implications of its judgment.

Ms Jehangir in her petition stated that the impugned judgment was violative of the constitutional provisions, had ruled repugnancy without specific Islamic provisions and therefore was liable to be set aside.

The jurisdiction of the FSC even otherwise was limited to recommending amendments where the law had been declared repugnant. Moreover, the interpretations of the Islamic injunctions by the FSC were misconceived and interpreted in a rigid manner, the petition said.

The FSC had held that Section 4 of the ordinance was repugnant to the injunctions of Islam as direct inheritance out of grandfather's heritage was not provided for the orphan in Islam and therefore the existing provision would cease to have effect from March 2000.

On polygamy, which was restricted under Section 6 of the ordinance, the FSC had said that it was within the injunctions of Islam. However, Islamic injunctions lay emphasis on equity and fair treatment by the husband towards his wives. Misuse of the permission granted by Almighty Allah to have more than one wife, could be checked by adopting suitable measures, the verdict said. It had also proposed the setting up of an 'arbitration council' to be approached by an aggrieved wife or her guardian in case there was a complaint of injustice.