The Federal Shariat Court delivered a landmark judgement on January 5, 2000 in a case titled ‘Allah Rakha & Others vs Federation of Pakistan’ in which many articles of The Family Ordinance 1961, in particular Section 4, were declared against the injunctions of Islam. Appeals were subsequently filed before the Shariat Appellate bench of the Supreme Court. Since then, the SC has delayed the hearing of the appeals and appeals concerning important matters regarding inheritance, polygamy, iddat etc have been left in limbo for over 24 years.
These matters involve many burning legal as well as financial issues which have been pending since the year 2000. I believe the majority of petitioners, defendants and advocates might have even passed away awaiting justice. It is high time that the Shariat Appellate bench includes these appeals in their case list and adjudicates the matter at the earliest.
Tanweer Ahmad Haral
Lahore