Justice Qazi Faez Isa has remarked the dictators imposed martial laws after seeing ground realities and judges were forced to sign.
He further remarked “the case of distribution of property is decided within a day in Saudi Arabia and here it takes 40 years to decide the case.
A two-member bench of SC comprising Justice Qazi Faez Isa and Justice Yahya Afridi took up for hearing a case pertaining to distribution of property on Tuesday.
Justice Qazi Faez Isa remarked no court or jirga can change the law of shariah on distribution of inheritance property. Jirga decision cannot be bigger than Deen-e-Elahi. Through jirga decision Deen-e-Elahi cannot be changed.
The principle of distribution of the property under Shariah has been settled 1400 years back. The thumb impression of 7 years old child on the documents related to distribution of property was affixed.
A seven years old child cannot be executed in murder case.
The law was torn into pieces through such documents. What situation the person who speaks truth has to face in the country is known to all.
The counsel for the petitioner took the plea the court should keep in view the regional ground realities.
Justice Qazi Faez Isa while addressing the counsel for the petitioner remarked a woman is not considered human being in the area of which ground realities you are talking about.
The dictators imposed martial laws by seeing ground realities. The military dictators obtained signatures of the judges by force by seeing ground realities. Even then it is said we should see ground realities.
The court while setting aside Peshawar High Court (PHC) decision about distribution of property ordered to distribute the property of late Habib Ullah of Swat among the legal heirs under Shariah principles. The court wrapped up the case.
