P L D 1992 Federal Shariat Court 282 (PLP)

FIDA MUHAMMAD KHAN, J.‑‑‑This Shariat Petition filed by Mr. Maqbool Ahmad Qureshi challenges sections 12 and 20 of the Punjab Local Government Ordinance, 1979 (hereinafter referred to as the Ordinance) on the ground that they are repugnant to the injunctions of Islam. The impugned sections are as under:‑‑ "

12. Election of Chairman and Vice‑Chairman of a Local Council.‑‑(1) For every local council there shall be a Chairman and a Vice‑Chairman who shall be elected from amongst the members of the local council in the prescribed manner. (2) ... ... ... ...

20. Qualification of candidates and members. Any person who has attained the age of twenty‑five years on the last day fixed for filing the nomination papers shall be qualified to be a candidate for election to an electoral unit of a local council if for the time being‑his name appear on the electoral roll of that electoral unit."

2. The reasons stated by the petitioner are that in spite of the fact that Holy Prophet (p.b.u.h.) enjoyed in Makkah exceptional good reputation and high moral character even at the age of 25, he (peace be upon him) was ordained as Prophet and leader of Muslim Umma on completing the age of forty years. The learned petitioner submitted that the point to ponder is, why did Almighty Allah not consider it proper to make him a Prophet, at an age younger than forty? He contended that it clearly indicated that 25, 30 or 35 years was not the proper natural age for representing the people. Elaborating his point he said that passions and sentiments generally prevail on the life of man before forty and on attaining this age, one gains maximum physical growth and strength. In this connection he has relied on Verse 15 of Sura Al‑Ahkaf. He lastly submitted that Councillors and heads of local councils are assigned the onerous responsibilities of representing thousands of their voters, while holding the powers of court, to adjudicate cases of civil, criminal and family laws, in their respective areas.

3. The upshot of the submissions made by the learned petitioner is to get the age limit of 25 years struck off and prescribe an age limit of forty years ‑for all the members ‑ to be elected to various councils and committees. In view all this the learned petitioner has prayed that sections 12 and 20 of Punjab Local Government Ordinance, 1979 be declared repugnant to the injunctions of Islam.

4. We have heard the learned petitioner in person and thoroughly examined the contentions put forward by him. However, we don't find ourselves in agreement with his point of view.

5. So far as the point regarding the commissioning of the Holy Prophet (p.b.u.h.) at the age of forty as raised by the petitioner is concerned, it is absolutely irrelevant. The duties of public representatives to Union Council, Town Committee etc. cannot be considered to have even a slightest resemblance to the multidimensional responsibilities of the Holy Prophet (p.b.u.h.) and as such the contention is totally misconceived.

6. The fact is that no direct injunction is available in the Holy Qur'an regarding the age limit for appointment, selection or election of a person to a public office. However, indirect references about the age are available at several places. For example the age specified for returning the property to the Orphans is that of attainment of puberty provided `Rushd' is found in them. The verse reads as follows: "Make trial of Orphans Until they reach the age Of marriage; if then ye find Sound judgment; in them Release their property to them; (Surah Al‑Nisa: 6).

7. The age of marriage mentioned in the verse above is the age when one reaches one s majority. This verse highlights the fact that Islamic injunctions value the factum of Rush (Capability of sound judgment) more than the factor of any specific age in its system of life. We also find refernces to some qualities that may be possessed by the office-holders. The Holy Qur an while referring to the appointment of Hazrat Talut as King over the Israelites has mentioned his qualities in the following verse: "Allah hath chosen him above you And hath gifted him Abundantly with knowledge And bodily prowess:" (Sura Baqarah: 247) This verse specifically highlights the importance of physical and intellectual qualities. There is another verse that reads as follows: "(Joseph) said: "Set me Over the store‑house Of the land: I will Indeed guard them, As one that knows I am Hafeez Aleem" (Surah Yusuf: 55). . Besides intellectual qualities, this verse describes moral qualities i.e. honesty and integrity as well. Both these verses read together are explicit to highlight the importance of physical, intellectual and moral qualities to be possessed by the aspirants to the public offices and no mention of any specific age is found in the Holy Our'an to this effect. It is a well‑known fact that:

8. The verse mentioned above is referred to by the petitioner reads as under:‑ "At length, when he reaches at the age of full strength and attains forty years, .." (Surah Al‑Ahkaf 15). Though it is true that the age between thirty and forty years is that of best manhood for a person, the age between 18 to 30 years is also an age of full strength and vitality and this period is no less in importance in any way. It is historically proved that Hazrat Yousaf was appointed to the highest office in Egypt at an age of about 30 years. (Tafheemul Quran, Volume‑II, page 382, Maktaba Tameer Insaniyyat 1967). Several other examples could also be quoted from Islamic history to support the view that age should not be the only deciding factor in assuming an office of public responsibility.

9. In fact there is nothing in the Holy Qur'an and Sunnah that lays restriction of age on any such appointments. The Holy Prophet (p.b.u.h.) appointed Hazrat Usama as Commander of a Muslim Army composed of his very high ranking aged companions and entrusted him a very important mission while he was only 18 years old. (Ibn Saad, Al‑Tabaqat, Volume‑4, page 66, Dar Sader, Beirut).

10. So far as the nature of job entrusted to Union Council, District Council, Town Committee, Municipal Committee and Municipal Corporation is concerned the age of 25 years is quite suitable and we find nothing wrong in it from the Islamic point of view provided that the person is of sound mind and bears good moral character and is not disqualified in view of the provisions mentioned in section 21 of the Ordinance. It may also be mentioned that more important functions and responsibilities are performed by the Government officials at even a lesser age because normally 25 years is the upper age limit for entry to Government service.

11. Consequently keeping in view the above reasons we feel that the petition is misconceived and finding no substance therein we dismiss it in limine. M.BA./637/F.S.C. Petition dismissed.