Saturday, 23 May 2015

Judgement on Riba in Shariat Federal Court 1991 (First judgment)

Petitioners: 1990 Shariat Petition, Petitions and three Shariat Suo Moto Notice cases, Doctor Mahmood-ur-Rahman Vs.Federation of Pakistan
In December 1991, the Federal Shariat Court came out with a judgement on this issue. In that judgement, it was made clear that interest in all its forms is riba and as such clearly against Islam: the nation must not be confused by differentiating between interest or usury or bank interest and non bank interest, simple or compound, individual or institutional, public or private. Riba covers all these dimensions of interest.
The Federal Shariat Court came up with a clear position on the issues involved. It found some 28 laws or parts of them repugnant to the Qur’an and Sunnah and declared them to be void, giving the government and the Parliament seven months to bring in the alternate legislation
The detailed judgment of Supreme Court Shariat Appellate Bench (Second Judgment) Dec 23, 1999
The 600-page judgement against these appeals announced on Dec. 23, 1999 by the Supreme Court Shariat Appellate Bench consists of four parts. First part is the joint operational judgement which defines the nature and concept of riba, endorses its total prohibition and after examining some 28 specific laws come to the conclusion that all of them do have interest which is repugnant to Qur’an and Sunnah and as such these laws have to be replaced within the next one and a half year. Then the court lays down guidelines as to how the country can move towards a riba-free system, which is a very valuable part and contribution of the court. The Federal Shariat Court had decided against riba but had not delineated the path for change. The Supreme Court Appellate Bench has done that.
PCO (Provisional Constitutional Order) 1999 (General Pervez Musharraf First Martial Law and Coup)
The second PCO in the history of Pakistan was declared by General Pervez Musharraf on 14 October 1999. When the PCO was proclaimed, at first the judiciary was not asked to take an oath.On 26 January 2000 Musharraf issued an order "Oath of Office (Judges) Order, 2000" that required the judiciary to take oath of office under the PCO. The then Chief Justice Saeeduzzaman Siddiqui and 5 other judges of the Supreme Court refused to take any oath in contravention to the oath they took under the 1973 Constitution, when they became judges. Majority of the judges had more than 3 years remaining in their office. Refusing to take oath deprived them from continuing as judges, which was later termed as un-constitutional move by General Musharraf.
During the tussle between the Supreme court and Gen Musharaff because of the PCO and COUP 1999 the petition was ( petitioners were banks) filed to review the Riba judgment of Supreme Court Shariat Appellant Bench( which is highest authority on Shariat matters) to Federal Shariat Court for review and has been under review since then to 2009. The point to remember is among the judges who did not take Oath on the PCO of Mushraff were same judges that were part of the Shariat Appellant Bench who gave the Riba judgement, so the judges who sent this judgment for review were incomplete bench and different judges.
The review petition sent back to Federal shariat Court was not by the same Shariat bench and Justice Arshad Hassan as chief justice he validated the take over and sent it back to federal shariat court to review…..

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