Can courts alter discrimination between a father and mother in the Federal Constitution?
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Since the Federal Constitution discriminates between a father and a mother, can the court alter that discrimination? — Hafiz Hassan | What You Think
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PERSONAL LAWS AND JURISDICTION OF SECULAR AND SYARIAH COURTS
Article 121(1A) of the Federal Constitution (‘Constitution’), read together with the Ninth Schedule, List II, Item 1 of the State List, provides that secular courts ‘shall not have jurisdiction in respect of any matter within the jurisdiction of the Syariah courts’ (‘State List’). The State List provides for personal laws affecting persons professing the religion of Islam and the jurisdiction of the Syariah courts is exercisable on two conditions. First, the person professes the religion of Islam (‘Legal Persona’). Second, the matter falls within the subject-matter enumerated in the State List (‘Subject-matter Jurisdiction’).