P L D 2021 Federal Shariat Court 50
(a) Constitution of Pakistan---
----Art. 203-D---Federal Shariat Court, jurisdiction of---Scope---Mandate as per Art. 203-D of the Constitution is to answer questions as to whether a particular law or provisions of law is or is not repugnant to injunctions of the Holy Quran and Sunnah of Holy Prophet (peace and blessing of Allah be upon him).
(b) Guardians and Wards Act (VIII of 1890)---
----Ss.7 & 25---Constitution of Pakistan, Art.203-D---Shariat petition---Custody of minor---Natural guardian---Rights---Petitioner contended that provisions of Ss.7 & 25 of Guardians and Wards Act, 1890, were anti-people, inhuman and un-Islamic as the same were to deprive natural guardian---Validity---Held, neither any law was enacted under S.25 of Guardians and Wards Act, 1890, nor it had prescribed any rule, rather it regulated situation where a ward was to leave or was removed from custody of a guardian of his person and natural/certified guardian moved Court for return of the ward---Title of guardianship did not entitle the guardian for return of custody of minor, unless he/she would establish that return of ward was in the interest of minor---Principle that father was natural guardian and lap of mother was cradle of God, was subservient and subordinate to welfare of minor as contemplated by S.25 of Guardians and Wards Act, 1890, which was also in accordance with Islamic Jurisprudence---Shariat petition was dismissed in circumstances.
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