Charging of rent from tenant
Charging of rent from tenant legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plea of petitioner, was that verse 22:78 of the Holy Qur'an made it clear that Allah Almighty had commanded human beings- male and female- to earn livelihood by doing work; that it was incumbent upon every person to keep working and eat from only what he earned himself by his own hands, therefore Islamic Shariah did not allow anyone to charge rent from his/her tenant, and that no rent was ever charged by the Holy Prophet or Rightly Guided Caliphs
Validity
According to Muslim jurists contract for rent/lease/ijarah was a valid legal contract which was duly authenticated by the Holy Qu'ran, Sunnah of the Holy Prophet and Ijma
All companions of the Holy Prophet unanimously held that ijarah was a lawful contract, and they themselves practised all lawful forms of such a contract
Plea of petitioner that without personal involvement in labour and hard work, no one was entitled to any remuneration was absolutely without force
Islamic Injunctions regarding permissibility of gift, zakat/ushr, inheritance etc. which conferred rights of ownership upon the recipients without any physical labour or contribution on his/her part were a few examples in such connection, which had duly been approved by the Holy Qur'an and Sunnah of the Holy Prophet
Present Shariat petition was devoid of force and misconceived and was accordingly dismissed.
"Charging of rent from tenant", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942681
Precedents & Case Laws citing "Charging of rent from tenant"
2013 M L D 1808
Syed MAQSOOD SHAH BUKHARI — Petitioner Versus FEDERAL GOVERNMENT through Secretary M/o Law and Justice, Islamabad — Respondent
Court: Federal Shariat CourtP L D 1981 Supreme Court I
MUHAMMAD HUSSAIN PATEL‑‑Appellant Versus HABIB WALT MUHAMMAD, ETC.‑Respondents
Court: S. 13(2) (!)‑Interpretation of statutes‑Words and phrases‑word "rent"‑Very loose, by its very nature, and susceptible to diverse interpretations when applied to different situations‑Word "rent" being not defined in statute under consideration, Court falling bark on its definition as given in any other law, held, must restrict itself to definition thereof only in laws part materia.‑Interpretation of statutes‑Words and phrases.P L D 1987 Karachi 608
RAFIULLAH KHAN‑‑Appellant Versus IQBAL HUSSAIN‑‑Respondent
Court:1993 C L C 528
MRS. Z. SHIRAZEE‑‑‑Appellant Versus ABDUL OADIR ‑‑‑ Respondent
Court: Karachi2010 M L D 356
Khawaja MUHAMMAD ASHFAQ BABA and another — Petitioners Versus MOIZ TAYYAB ALI and 15 others — Respondents
Court: KarachiP L D 2009 Karachi 273
HASAN ALI — Petitioner Versus MUHAMMAD FARHAN AHMED and another-Respondents
Court: High Court1995 M L D 836
IQBAL and 2 others‑‑‑Appellants Versus MUSHTAQ AHMED ‑‑‑Respondent
Court: Karachi1984 C L C 969
NAIMAT SIDDIQUE‑Petitioner Versus FAROOQ UMAR AND OTHERS‑Respondents
Court: Lahore2000 C L C 1301
through Director‑‑‑Appellant Versus Mrs. SAMEERA HUMAYUN MATIN‑‑‑Respondent
Court: Karachi1989 M L D 4529
Syed FAZLE ABBAS — Appellant Versus Syed MAHMOOD HUSSAIN — Respondent
Court: Karachi