Law:

Section:

(a) Constitution of Pakistan (1973)------ Art. 203-D-Islamic Jurisprudence-Pre-emption-Repugnancy to injunctions of Islam-Law of pre-emption in Islam is a specified exception to general law of freedom of contract and purchase in Islam and would be repugnant to Injunctions of Islam if new exceptions are created-There being only three categories of pre­emptors, it would, held, be repugnant to relevant injunctions if exceptions were curtailed property-wise or increased, person-wise­Injunctions of Islam and such infringement would not be able to co-exist in context of definition of "repugnancy".--[ Islamic Jurisprudence-Pre-emption). (b) Islamic Jurisprudence------- --- Sunnah-Moamilat-Ibadat-Distinction - Even if a Sunnah does not qualify to be a command and remains only a Ghuman, it nevertheless remains the Sunnah of the Holy Prophet (s. a. w. s.)­Unless occasion exhausted itself and is not to occur again, that would command respect from believers, at a much higher padestal than the Ghumans of others and it has to be reconciled with all the Com­mands of Allah in the Holy Qur'an which enjoin upon believers to urdu Per Shaflur Rahman, J.--[Minority view]- (qq) Islamic Jurisprudence---- - -Pre-emption-No mention express or "implied" of a right of pre­emption Islamic or customary is available in Holy Qur'an--.Law of Pre-emption is not a matter concerning Ibadaat i. e. prayers or rituals or devotion for which there may not necessarily exist a manifest intelligible rationale, a purpose or an explanation-Law of pre-emption be it customary or Islamic, concerns exclusively and wholly "maamlat" that is, social dealing of individuals, orderly arrangement of their affairs and for such matter rationale, purpose, mischief or wrong sought to be avoided and remedy or advantage sought to be advanced is readily ascertainable-Out­standing feature of Islamic Law of Pre-emption is that unlike Islamic law of inheritance, marriage etc., it is equally applicable to Muslims and non-Muslims--Right of pre-emption whether it is as a co-sharer, as a neighbour or as a participator of immunities or appendages it is not further qualified or controlled by faith of vendor, vendee or other…

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