Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Art. 203-D---Federal Shariat Court has no jurisdiction to give the "direction" to provide for a mosque in every residential scheme ---Such direction, however, could be treated as "recommendation". (b) North-West Frontier Province Urban Planning Ordinance (IV of 1978)-- ----Preamble---Constitution of Pakistan (1973), Art.203-D---Repugnancy to Injunctions of Islam---Provision in law for payment of additional compensation at the rate of 15% per annum on the market value of the land acquired from the date of notice of acquisition amounts to `Ribs' and thus repugnant to Injunctions of Islam. Mahmood-ur-Rahman Faisal v. Government of Pakistan PLD 1992 FSC 1 fol. JUDGMENT TANZIL-UR-RAHMAN, CJ. ---The Federal Shariat Court under Shariat Suo Motu No.2/NWFP/84 examined the North-West Frontier Province Urban Planning Ordinance IV of 1978 and by its decision dated 24-3-1984 held as under:-- "This Act has the same features as the Punjab Act and is generally free of all objections in regard to repugnancy to Shariah. The N.-W.F.P. Government is directed to amend the Act and provide that each residential scheme shall make provision and earmark plot for mosque. As stated in relation to the Punjab Town Improvement Act, 1922 the Government is further directed to provide in this Act for payment of Additional Compensation at the rate of 15% per annum from the date of notice." 2. On an appeal (Shariat Appeal No.4 of 1985), preferred by the Government of the North-West Frontier Province, the Shariat Appellate Bench of the Supreme Court, remanded the matter by its judgment, dated 20th January, 1988, to this Court with the following remarks:-- "It is clear from what has been noted in the case of N.-W.F.P. Urban Planning Ordinance that the Federal Shariat Court found no provision of it to be repugnant to the Injunctions of Islam yet it directed the Government to provide in that Act, that each residential scheme shall make provision and earmark plot for mosque and payment of additional compensation at the rate of 15% per annum from the date of notice. We had occasion twice earlier to examine such a handling of the cases by the Federal Shariat…

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