ISLAMABAD: The Shariat Appellate Bench of the Supreme Court on Tuesday ruled that the Law of Pre-emption is fully in accordance with the teachings of Islam.
A five-member larger bench of the SC Shariat Appellate Bench, headed by Justice Jamal Khan Mandokhail, heard an appeal filed by Qazi Muhammad Aminuddin against the 2019 verdict of the Federal Shariat Court, which had upheld the Punjab Pre-Emption Act 1991 and declared it consistent with Sharia.
The SC Appellate Bench, after completing the hearing on the matter, dismissed the appeal and declared that the Right of Pre-emption (Haq Shufa) is fully in accordance with Islamic teachings.
During the course of hearing, Additional Advocate General Sanaullah appeared on behalf of the Government of Punjab and argued that the law of pre-emption is completely in line with Islamic teachings and cannot in any way be declared un-Islamic in the light of Quran and Hadith.
The court observed that the purpose of pre-emption is to protect the rights of neighbours and co-owners of property, which is part of Islamic principles.
Meanwhile, the court dismissed the appeal, upheld the 2019 decision of the Federal Shariat Court, and clarified that there is nothing in the current law that contradicts Islamic injunctions.
