Tenancy rights , inheritance of --- Female heirs ... Succession in tenancy matters prior to the year 1951 --- Even prior........

 2023 SCMR 1901

Tenancy rights , inheritance of --- Female heirs ... Succession in tenancy matters prior to the year 1951 --- Even prior to the year 1951 , when section 19 - A was inserted in the Colonization of Government Lands ( Punjab ) Act , 1912 , sharia law was enforced in the State of Bahawalpur --- Succession for the purposes of Muslims was governed by sharia law even before 1951 unless any custom was established as being consistently prevalent in the area and applicable to the parties --- Even section 5 of the Punjab Laws Act , 1872 did not exclude sharia law from applying on personal law matters , provided a custom , not contrary to justice , equity and good conscience was established --- Punjab Muslim Personal Law ( Shariat ) Application Act , 1948 clarified that muslim personal law was applicable for the purposes of succession notwithstanding any custom meaning that all decisions regarding succession were governed by sharia law --- The 1948 Shariat Act was applicable to the State of Bahawalpur where the rule of decision for the purposes of succession was sharia law --- Therefore , even prior to March 1951 , sharia law was applicable in Bahawalpur to muslims on account of the 1948 Shariat Act which means that even in the custom or section 20 of the Colonization presence of a law 1912 sharia Lands Act , ( Punjab ) of Government will prevail.