Islamization of Occupancy Tenancy Laws in Pakistan: An Overview of the Jurisprudence of Constitutional Courts

Abstract

This paper aims to analyze the concept of occupancy tenancy laws in Pakistan and as well its roots in Sharia. It discusses the historical evolution of tenancy laws in Indo-Pak Sub-continent with reference to the earlier legislation on the subject. A short account of the concepts of ownership and tenancy under Islamic law is also within the scope of this study. Moreover, this work critically evaluates the existing laws on occupancy tenancy in Pakistan. Importantly, the landmark judgments of the Federal Shariat Court and Shariat Appellate Bench, wherein, certain provisions of the Khyber Pakhtunkhwa Tenancy Act, 1950; and the then N.W.F.P Tenancy Rules, 1981 were declared repugnant to Islam is the main theme of this paper. Finally, a short overview of the judgments of the constitutional courts in case concerning land reforms will be given.