- Section 4 of the Muslim Family Laws Ordinance , 1961 , has been enacted to remove the difficulties and sufferings of grandchildren but it cannot be interpreted so as to decrease the shares of the other descendants of the propositus -

 PLD 2023 Peshawar 6

Muslim Family Laws Ordinance ( VIII of 1961 ) ---

---- S . 4 --- Muslim Personal Law ( Shariat ) Application Act ( V of 1962 ) , S. 2 --- Principle of " per stripes " --- Scope --- Section 4 of the Muslim Family Laws Ordinance , 1961 , has been enacted to remove the difficulties and sufferings of grandchildren but it cannot be interpreted so as to decrease the shares of the other descendants of the propositus --- Section 4 in spite of being non - obstante clause , has to be interpreted in the light of S. 2 of the Muslim Personal Law ( Shariat ) Application Act , 1962 and both the statutes çan stand together .

Muslim Family Laws Ordinance ( VIII of 1961 ) ----

---- S . 4 --- Succession --- Scope --- Son / daughter of a predeceased son can get their share in the property of their grandfather , but it would be subject to the shares as provided in the Holy Quran and if the distribution of share under the provisions of S. 4 is overlapping or inconsistent then Shariat would prevail .