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MISKEEN versus KHUDEJA

Border Muslim Personal Law (Sharia Application Act) 1935 Section 3 Rule of Decision Following the implementation of the North West Frontier Muslim Personal Law (Sharia) Application Act, 1935, customs were no longer the rule of decision December 6, After 1935 the rule of this decision was to be considered as Muslim Personal Law because the NWFP was to give effect to the Muslim Personal Law (Sharia) Application Act, 1935, where there was a dispute with the court regarding succession in the State. As a slain Muslim, it would be considered that his death was under the purview of Islamic law, even if the law was already enacted before the enactment of the 1935 Act, the result was that Changed succession chain. In order to enforce the general rule of Islamic law and to exclude the practice of customs where succession began after the enactment of the Act, a party cannot rely on any decision given before it is enforced. The rule of customs will be followed and its succession will be governed by the rule of Islamic law, but this claim can be justified only if there is no obstacle to the law of limitation, if the claim of the deceased's property is Muslim. Such claim was given priority under the Law (Shariah) Application Act, 1935, and was barred under the Sanctions Act. Fryh will stop. family advocate from Tharo Shah lawyer