1993 SCMR 381

Issue:
Whether Wajib-ul-Arz was part of custom. According to the appellant, the Wajibul Arz contains
certain customary rights with regard to village common property which are repugnant to
Injunctions of Islam.

Rule:
Holy Quran:
Al Qur'an Verses 4:29; 4:32; 4:2; 3:186; 4:5; 4:34; 4:28; 63:9; 4:29; 5:41; 2:188; 2:177; 3:75
Statutory Rule:
Arts.203-B(c) & 203-D of Constitution of Pakistan (1973)
Gazetteer of the Hazara District p. 93
The Land Systems of British India, New Delhi, 1988, Vo1.2 p.89;
Dovies's Settlement Manual, 6th
Edn. 1982, pp. 181, 182 paras. 295, 296
A Digest of Customary Law by Rattigan, paras.223,
224
Case Laws:
Bhagh Bhari etc. v. Mst. Bhagan PLD 1954 Lah. 356;
Sajawal Shah and another v. Syed Rahim Shah
PLD 1975 SC 325
Aya Gul v. Sher Zaman PLD 1954 Pesh.69

Application:
According to the appellant, the Wajibul Arz prepared at the- first Regular Settlement of 1872 and
thereafter in 1904-1905 and finally in 1.9461947 of village Bhooja, Tehsil and District Mansehra
contain certain customary rights with regard to village common property which are repugnant to
Injunctions of Islam. The specific provisions were challenged under Articles 203-B(c) & 203-D
of Constitution of Pakistan (1973) to declare the entries in Wajibul Arz against the injunctions
of Islam.

Conclusion:
The Court by a majority holds that the entries of the Wajib-ul-Arz of the village Bhojah do not
come under the definition of "Law" as provided in clause (c) of Article 203-D of the
Constitution. Hence, the Court has no jurisdiction to declare them repugnant or otherwise of the
Injunction of Islam as laid down in the Our'an and Sunnah. This appeal is, therefore, dismissed.