The Role Of Islamic Courts In Land Reforms In Pakistan

Ataullah Khan Mahmood,Ghufran Ahmad

doi:10.37556/al-idah.038.01.0626

Abstract

A vast majority of Muslim scholars opine that land reforms including the fixation of ceiling on individual land-holdings can be carried out without offending any Islamic teachings. Moreover, article 253 of the Constitution empowers the Parliament to prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person. Likewise, such reforms are considered essential as for as requirements of distributive justice is concerned and to further the desired Islamic goals of social justice, eradication of social evils and to ensure economic well-being of the poor attached to earth. To achieve these desired goals, land reforms laws were introduced in the country. However, the beneficiaries of feudalism and landlordism challenged these laws in the Islamic Courts to protect their vested interests. These judicial forums were split in their findings regarding the fate of these laws. This article analyses the findings of these forums to suggest that weather those who uphold these laws have stronger reasons.

Highlights

This effort analyses the role of the Federal Shari'at Court (FSC) and that of the Shari'at Appellate Bench of the Supreme Court of Pakistan (SAB) with respect to the land reforms including the fixation of a ceiling on individual land-holdings in Pakistan
The role of these forums came into light after the judgment of the SAB in Qazalbāsh Waqf case.)1( It is interesting to note that Nasim Hassan Shah J., a member of the SAB in Qazalbāsh Waqf case, while throwing light on the importance of land reforms acknowledged that the same are necessary for providing social justice to the people
In order to analyze the role of Federal Shari'at Court and Shari'at Appellate Bench of the Supreme Court of Pakistan with respect to land reforms comprehensively, the review judgment rendered by the SAB in Qazalbāsh Waqf case is analyzed here

Summary

Introduction

This effort analyses the role of the Federal Shari'at Court (FSC) and that of the Shari'at Appellate Bench of the Supreme Court of Pakistan (SAB) with respect to the land reforms including the fixation of a ceiling on individual land-holdings in Pakistan. Shafiur Rehman J. despite his different view on jurisdiction agrees with the judgment of the FSC on merits to hold that the provisions of the land reforms laws which impose a ceiling are not repugnant to the injunctions of Islam He held, “ because no such ceiling has been fixed in the Holy Quran itself or by Prophet (Peace be upon him) would not be negating the power of the State to fix a limit on distribution of national resources or maximum utilization of it by redistribution.)31(” Nasim Hassan Shah J. agrees with the FSC on merits. He holds, “...being of the opinion that on the merits of the case the view of the majority of the Federal Shari'at Court that the impugned laws are not repugnant to the Injunctions of Islam, is correct I would dismiss these appeals...)32(”

Conclusion

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