In Continuation of debate, about Shariah and the Constitution of Islamic Republic of Pakistan, 1973.

The Supreme Court has held in quite a few cases -Kaneez Farima’s being the most conspicuous one – that article 2A alone is not as effective as to bar any legislative or executive action being contrary to its mandate. The principal of policy which are otherwise very eloquent for essentiality of recognizing injunctions of Islam a Supreme command yet these principals are not justifiable and one cannot go to court to seek a writ of mandamus for commanding the state organs to act according to the principals of policy. Recently a case is pending in the Supreme Court where in worker party of Pakistan has prayed that the decision of Supreme Court Appellate Shariat Bench decision in Qazalbash trust case be reviewed as it is contrary to article 253 of the constitution; since the decision debars the state from taking away anybody’s property on plea of reforms. Article 253 is produced here under. “253. Maximum limits as to property, etc.,-(1) 1[Majlis-e-Shoora (Parliament)] may by law,- (a) Prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person and (b) Declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion complete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government. (2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.” The underlined clause of the article is obviously irreconcilable with the provisions of the Holy Quran and Sunnah and or thus repugnant to the injunctions of Islam but the same cannot be challenged on this plea. To be continued…

Leave a Reply

Your email address will not be published. Required fields are marked *