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PLD 1992 Federal Shariat Court 537

Ch. SARWAR HAYAT vs PROVINCE OF PUNJAB Through Secretary,

CitationPLD 1992 Federal Shariat Court 537
CourtFederal Shariat Court
Judge(s)Abaid Ullah Khan, Nazir Ahmad Bhatti, Tanzil-ur-Rahman
ResultPetition accepted

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.

Cited by 1 case

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