Legal and Sharī’ah Legitimacy of Feudal Lands in Pakistan: A Research Study
Abstract
Pakistan is agricultural land. A country’s entire economy, employment and social behaviour are interrelated with its agriculture. Feudalism and landlord system is a big barrier in the expansion of agriculture industries in Pakistan. Therefore, people pleaded to abolish feudal and the landlord system for the agricultural reforms as India amended its constitution. It was a step to raise voice for a concrete solution that can lead to a welfare state. However, Qazliobash Waqf vs Chief Land Commissioner PLD 1990 SC 99 reversed the agricultural reforms. The article deals with the debate began after this decision that can a landlord legitimately own these estates? With numerous legal references and historical citations, the article presents a comprehensive discourse on the status of the landlords to own the land according to the precepts of Sharī’ah. This research study concludes itself with a discretion that the real property belongs to Almighty Allah. The Islamic State is the custodian of Bait ul Māl. Thus, the Government of Pakistan holds the right that under article 253 of the constitution, parliament can set the maximum number of properties for each type of property. In addition to this, a few suggestions (with valid legal basis) are outlined at the end for the benefit of the state and the pheasants. Agricultural reforms will surely change the destiny of our homeland and the nation will out of many of the present adversities.
Muhammad Imran, Manzoor Ahmed Al Azhari. (2020) پاکستان میں جاگیروں کی قانونی و شرعی حیثیت:ایک تحقیقی مطالعہ, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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