| Case ID |
173f6801-91ee-4dd1-8767-dc48d4b82891 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.495-K of 2000 |
| Decision Date |
Oct 23, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the right of pre-emption could be enforced on a sale by a Hindu vendor not subject to Muslim Personal Law. The court noted that there is no restriction in Islam against enforcing the right of pre-emption by or against non-Muslims. The case highlighted the complexity of applying Islamic Law principles in a diverse legal context, particularly in relation to pre-emption rights among different religious communities. The court emphasized the need to safeguard the rights of landowners to prevent undesirable neighbors and the significance of the right of pre-emption as an incident of property. |
| Summary |
This case revolves around the application of Islamic Law regarding pre-emption rights, specifically addressing whether such rights can be enforced in transactions involving Hindu vendors. The Supreme Court of Pakistan deliberated on the implications of the Constitution of Pakistan (1973) and prior case law, emphasizing the equal applicability of pre-emption rights to both Muslims and non-Muslims. The court's decision is pivotal for understanding the intersection of religious law and property rights in Pakistan, particularly in a multicultural society. It addresses significant legal precedents and interpretations, providing clarity on the enforcement of pre-emption rights across different religious contexts. The judgment is critical for legal scholars, practitioners, and individuals involved in property transactions, as it sets a precedent for future cases involving pre-emption and religious diversity. The ruling underscores the importance of equity and justice in property rights, affirming that all individuals, regardless of their faith, are entitled to similar legal protections under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Iftikhar Muhammad Chaudhry,
Rana Bhagwan Das
|
| Lawyers |
Ghulam Qadir Jatoi,
Faizanul Haq
|
| Petitioners |
Abdul Rahim Khan
|
| Respondents |
others,
Asif Ali Khan
|
| Citations |
2001 SLD 1325,
2001 PLD 137
|
| Other Citations |
Dwarka Das v. Hussain ILR 1978 All. 564,
Sundri Bai v. Ghulam Hussain 1982 CLC 2441,
Government of N.-W.F.P. through Secretary, Law Department v. Said Kamal Shah PLD 1986 SC 360
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|