Law: Zakat and Ushr Ordinance, 1980

Section: 2(xxiii)(xxxii),3(1)(3)(5),1(2),FirstSch ed,Preamble

Law: Zakat and Ushr Ordinance, 1980

Section: 2(xxiii)(xxxii),3(1)(3)(5),1(2),FirstSch ed,Preamble

Law: Constitution of Pakistan, 1973

Section: 203D,203D(1),203B(c)

(a) Zakat and Ushr Ordinance (XVIII of 1980)-------Ss. 2(xxiii) & 3(1)(5)---Constitution of Pakistan, Art. 203-D---Repugnancy to Injunctions of Islam---Charge and collection of Zakat from person who is a "sahib-e-nisab"---Exemption of non-declaration of total financial position of "sahib-e-nisab"---Exemption of current bank accounts from deduction of Zakat---Said exemptions did not mean that "sahib-e-nisab" had been exempted from payment of Zakat---Liability and duty for payment of Zakat, as prescribed under the Injunctions of the Holy Quran and Sunnah of the Prophet (P.B.U.H.) remained in force and intact, against the "sahib-e-nisab"---Said exemptions had limited implication/application only to the reference and extent of the relevant provisions of the Zakat and Ushr Ordinance, 1980, and it remained incumbent upon the "sahib-e-nisab" to discharge the liability and duty of payment of due Zakat, loyally and faithfully, under his own arrangements---Federal Shariat Court observed that the present system of deduction and distribution of Zakat lacked confidence of public at large and as such, they tended to opt for exemptions on one ground or other----Federal Shariat Court directed that the Ministry of Finance and Law in consultation with Islamic Ideology Council as well as Provincial Governments should take necessary steps, within the legal framework, in the light of Injunctions of the Quran and Sunnah of the Prophet (P.B.U.H.) to bring uniformity and clarity in the system of deduction of Zakat through banks and should ensure the transparent distribution of Zakat strictly according to the Injunctions of the Quran and Sunnah of the Prophet (P.B.U.H.)---Petition was dismissed accordingly. (b) Zakat and Ushr Ordinance (XVIII of 1980)--- ----S. 3(3)---Constitution of Pakistan, Art. 203-D--- Repugnancy to Injunctions of Islam---Charge and collection of Zakat---Refund of excess or undue amounts deducted as Zakat to non-Muslims and foreigners---Such refund was quite reasonable and apparently logical and not repugnant to Injunctions of Islam as all undue amounts deducted in excess must be refunded to the legitimate/ legal owners of such amount---Petition was dismissed…

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