A Critical Study of 14th Report of Council of Islamic Ideology on Transfer of Property Act, 1882 in the light of Sharīʻah & Law
Abstract
This paper aims to investigate the role of a constitutional Institution, Council of Islamic Ideology, in the process of Islamization of laws in Pakistan through its various reports on different statutory laws. To evaluate the contribution of CII in the process of Islamization of Laws in Pakistan, this study sought to conduct an analytical study of 14th report of CII on Transfer of Property Act, 1882 from Sharīʻah and State law perspectives to spotlight the research gaps in the work of CII. The paper finds that the work of CII lacks in many respects, for instance, sometimes the report lacks in understanding the position of statute on point under discussion and sometimes it lacks in elaborating the position of Sharīʻah. Moreover, sometimes it lacks in making recommendations which may address Sharīʻah issues in enactments. This work focuses on the need of further research regarding the reports of CII. At the end, this work proposes a strategy for future endeavors to cover up the flaws in the reports of CII. Furthermore, this study suggests recommendations for Islamization of TOP Act, 1882. The work submits that, this study is an attempt to give some recommendations to make the role of CII to be more effective that may respond to the present day needs.
