Ordering distribution of property among the heirs of late Habibullah, aresident of Swat, as per the laws of Islamic Shariah, Justice Qazi Faez Isaof the Supreme Court (SC) on Tuesday ruled that no court or a Jirga couldchange the Shariah laws governing the distribution of property among heirs,reported 24NewsHD TV channel.
Hence the court declared the Peshawar High Court’s (PHC) verdict in thecase as null and void.
A two-member bench of the apex court, comprising Justice Isa and JusticeYahya Afridi, heard the case.
Justice Isa remarked that it took decades to settle property disputes inPakistan. “A jirga’s decision could never be a ‘substitute’ for the Islamiclaws. Divine laws could not be altered merely on the whims and wishes of aJirga,” he stated categorically.
He regretted that property documents in this particular case even bore thethumb impression of a seven-year-old child. “Do you *know* a child as youngas seven-year-old cannot be handed down death penalty in a murder case,” heclarified.
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Justice Isa said it was in everybody’s knowledge that not many people inPakistan spoke truth.
During the hearing when counsel for the petitioner prayed to the court toalso take into account the ground realities, Justice Qazi Faez Isa askedangrily which ground realities he was talking about. “In the area wherethis property dispute arose, women are not even considered humans,” hesaid, adding these were the ground realities which military dictators useda pretext to impose martial laws in the country.
“And still we are asked to keep the ground realities in view,” heregretted, and said that property disputes in the Kingdom of Saudi Arabiawere decided in a day.
