سرکاری ملازم کے لیے سرکاری رہائش اور ہاؤس رینٹ کا استحقاق: وفاقی شرعی عدالت کے فیصلہ کا تجزیاتی مطالعہ

Entitlement of Government Accommodation and House Rent Allowance for Government Employees: An Analytical Study of the Federal Shariat Court's Ruling

Abstract

The Federal Shariat Court of Pakistan serves as a significant platform for the Islamization of laws within the nation. Since its establishment in 1980, the esteemed court has provided Sharia and legal guidance to the people of Pakistan across numerous legislative domains. The court has consistently received petitions challenging various laws as being repugnant to Islamic injunctions. Among these petitions was one filed against the Ministry of Housing and Works. This particular application challenged sub-paragraph (xiv) of the Office Memorandum No. F.2 (3)/03 dated July 31, 2004, issued by the Ministry concerning government-provided housing and house rent allowance for civil servants. The petitioner argued that this provision contravened Islamic principles by stipulating that only one spouse, in a married couple both employed by the government and residing in the same location, would be entitled to official accommodation, while the other spouse would be denied house rent allowance, thus violating the Islamic principle of equality. The Honorable Court, aligning with the petitioner's plea, declared the aforementioned legal provision to be in conflict with the principles of equality and justice as enshrined in Islamic Sharia. This article presents an analysis of the decision issued by the esteemed court in this specific case.