The Role Of Islamic Courts In Land Reforms In Pakistan

Abstract

A vast majority of Muslim scholars opine that land reforms including the fixation of ceiling on individual land-holdings can be carried out without offending any Islamic teachings. Moreover, article 253 of the Constitution empowers the Parliament to prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person. Likewise, such reforms are considered essential as for as requirements of distributive justice is concerned and to further the desired Islamic goals of social justice, eradication of social evils and to ensure economic well-being of the poor attached to earth. To achieve these desired goals, land reforms laws were introduced in the country. However, the beneficiaries of feudalism and landlordism challenged these laws in the Islamic Courts to protect their vested interests. These judicial forums were split in their findings regarding the fate of these laws. This article analyses the findings of these forums to suggest that weather those who uphold these laws have stronger reasons.

Keywords

• land reforms
• distributive justice
• federal shari'at court
• jurisdiction
• social justice
• social evils
• economic well-being