Ch.Sarwar Hayat Vs. Province of Punjab

P L D 1992 Federal Shariat Court 537

Before. Tanzil-ur-Rahman, CJ, Abaid Ullah Khan and Nazir Ahmad Bhatti, JJ Ch. SARWAR HAYAT---Petitioner

versus

PROVINCE OF PUNJAB through Secretary, Cooperative Government of Punjab and 2 others---Respondents

Shariat Petition No.83-L of 1991, decided on 22nd June, 1992.

Cooperative Societies Act (VII of 1925)---

----S. 71(2)(ee)---Constitution of Pakistan (1973), Art. 203-D---Repugnancy to Injunctions of Islam---Section 71(2)(ee), Cooperative Societies Act, 1925 in so far as it related to the provision of interest was repugnant to the Injunctions of Islam and unless it was suitably amended by the Provincial Government, same shall cease to be effective as on and from the 1st of January 1993.

Dr. Mahmood-ur-Rahman Faisal v: Government of Pakistan PLD 1992 FSC 1 fol.

Syed Afzal Haider for Petitioner.

Nazir Ahmad Ghazi, Asstt. A.-G. with Maqsood Ahmad Khan for Respondents.

Date of hearing: 22nd June, 1992.

JUDGMENT

TANZILUR RAHMAN, C.J.,--Heard the learned counsel for the parties.

2.By this petition clause (ee) of subsection (2) of section 71 of the Co-operative Societies Act, 1925, has been challenged on the ground that the said clause in so far as it relates to interest is repugnant to the Injunctions of Islam.

Reliance is placed on a, judgment of this Court reported as Dr. Mahmood-ur Rahman Faisal v. Government of Pakistan PLD 1992 FSC 1. For the reasons recorded in the aforeasid judgment the provision of clause (ee) of subsection (2) of section 71 of the Cooperative Societies Act, 1925, in so far as it relates to the provision on interest is declared repugnant to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah. Unless the said provision declared repugnant herein, is suitably amended by the Provincial Government, the same shall cease to be effective as on and from the 1st of January, 1993.

M.BA./721/F.S.C.

Petition accepted.