| Citation(s) |
|---|
| 1994 SLG 257 1994 SLD 257 1994 PLD 207 |
Lahore High Court
ADMINISTRATION, ISLAMABAD and 3 others---Respondents WritPetition No.3124 of 1990, decision dated: 21st December,1993. dates of hearing: 2nd to 4th, 8th to 12th, 15th Mayand 8-12-1993
KHALIL-UR-RELMAN KHAN, JUSTICE
Muhammad Akram Shaikh for Petitioner.Aftab Iqbal Ch., Dy. Attorney-General for
Respondents Nos. 1 and 2.Muhammad Asif Jan for
Respondent No. 3.Dr. Riaz-ul-Hassan. Gillani Amicus curiae.
ADMINISTRATION, ISLAMABAD and 3 others---Respondents WritPetition No.3124 of 1990, decision dated: 21st December,1993. dates of hearing: 2nd to 4th, 8th to 12th, 15th Mayand 8-12-1993
KHALIL-UR-RELMAN KHAN, JUSTICE
Muhammad Akram Shaikh for Petitioner.Aftab Iqbal Ch., Dy. Attorney-General for
Respondents Nos. 1 and 2.Muhammad Asif Jan for
Respondent No. 3.Dr. Riaz-ul-Hassan. Gillani Amicus curiae.
THE BANK OF PUNJABVS ADMINISTRATOR GENERAL, CENTRAL ZAKAT
Law:
Section:
(a) Interpretation of statutes--- While interpreting statutory law, if more than one interpretation was possible, the one consistent with Islamic principles has to be adopted and that interpretation which advances the Principles of Policy and Islamic provisions in the Constitution is to be adopted by the Court. The Progress of Pakistan Co. Ltd. v. Registrar, Joint Stock Companies PLD 1958 Lah. 887; 1987 SC 228; Mian Khalid Abdul Rauf v. Federation of Pakistan PLD Fiqh-uz-Zakat, by Yousaf Alqarzave, Vol. I, pp. 529-531; Government of N: W.F.P. and others v. Said Kamal Shah and others PLD 1990 SC 865; Zaheeruddin and others v. The State and others 1983 SCMR 1718; Abdul Ghani and others v. Mst. Taleh Bibi and another PLD 1962 Lah. 531; King v. King AIR 1945 All. 190; Nizam Khan v. Additional District Judge and others PLD 1976 Lah. 930 and Income Tax Commissioner v. M/s. Siemen PLD 1991 SC 368 ref. (b) Zakat and Ushr Ordinance (XVIII of 1980)---Preamble and S.2(xv)---While interpreting provisions of Zakat and Ushr Ordinance 1980, Injunctions of Holy Qur'an and Sunnah will have to be followed---Reference to the Injunctions of Qur'an and Sunnah and concepts developed by Muslim jurists would be necessary for enforcing provisions of Zakat and Ushr Ordinance 1980. (c) Interpretation of statutes-- ---Definition---Ordinarily, when it is intended to exhaust the significance of the term "interpreted" the word "means" is used---Use of the word "means" shows that definition is hard and fast definition and that no other meaning could be assigned to the expression that is put in the definition. (d) Interpretation of statutes-- ----Interpretation clause---Word "include" employed while defining a term in the interpretation clause is generally used in order to enlarge the meaning of words and phrases occurring in the body of statute; intention being that while the term defined should retain its ordinary meaning its scope should be widened by spec enumeration of certain matters which in its ordinary meaning might or might not apply so as to make the definition enumerative and not exhaustive and when so used such words and phrases must be construed as comprehending not only such…
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