P L D 1984 Federal Shariat Court 32 (PLP)
| Citation | P L D 1984 Federal Shariat Court 32 (PLP) |
| Forum / Court | |
| Bench Members | Single Bench |
| Parties |
Q1: What are the key laws and sections cited in P L D 1984 Federal Shariat Court 32 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1984 Federal Shariat Court 32 (PLP)?
The case was heard and decided by the bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1984 Federal Shariat Court 32 (PLP) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing : 24th. May, 1983.
Headnotes / Summary
Constitution of Pakistan (1973)‑ .... Art. 203‑D‑Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑Act providing for management and disposal of Evacuee Trust Property attached to charitable, religious or educational trusts or institutions‑Nothing in Act repugnant to Sharia. Iftikhar Hussain Ch. for the Federal Government.
Judgment & Decree
Iftikhar Hussain Ch. for the Federal Government. Date of hearing : 24th. May, 1983. The Act provides for the management and disposal of an Evacuee Trust Property attached to charitable, religious or educational trusts or institutions or any other property which becomes a part of the trust pool constituted under section 7 of the Act. We have gone through the Act. Mr. Sanaullah Chauhan raised an objection that the gardens and agricultural land which form part of Evacuee Trust properties are given under a scheme on lease for a period of two and three years only which period is too short. This objection has no force in it because the period of lease is mutually agreed upon. There is nothing contrary to Sharia in the Scheme on ibis score. There is nothing in it which may be repugnant to the Holy Qur'an and the Sunnah. Mr. Sardar Muhammad Virk has sent an objection, the purpose of which is that Waqf Property vests in Allah and cannot be used for the purpose of a temple or Gurdawara. The Government has no authority to rent out Evacuee 'crust Properties to non-Muslims and should, therefore, confer ownership rights on the occupants. The objection itself is self‑contradictory. There is a realization that this property is not Waqf Property but is property of non‑Muslim trusts. Consequently the law of Waqf is Islam cannot apply to it. The property can, therefore, vest in the Central Government which has the power to dispose it of in any manner which advances the collective good of the nation. M.Z.M. Order accordingly.