Law:

Section:

Punjab Pre-emption Act (IX of 1991)--S. 13(1)(a)---Constitution of Pakistan (1973), Art. 203-F---Repugnancy to Injunctions of Islam---Principle of Talab-i-Muwathibat which is in accordance with Qur'anic Verse (2:185) which guarantees ease to the buyer whose right to the property he has purchased is stronger than the right of the pre-emptor, is not opposed to Injunctions of Islam---Principle of Talab-i-Muwathibat elaborately explained with reference to Ahadith and opinions of the jurists. The principle of "Talab-i-Muwathibat" is indeed in accordance with Qur'anic verse (2: 185) which guarantees ease to the buyer whose right to the property he has purchased is stronger than the right of the pre-emptor. Pre-emption is only like the untying of a tie, meaning thereby that the right of pre-emption should be exercised within such a short period as is required to untie a knot. The principle of supporting the right of the purchaser by limiting the right of the pre-emptor through "Talab-i-Muwathibat" has been an agreed principle among the jurists. Imam Abu Hanifa, Imam Shafi', Imam Ahmed and Imam Awza'i are of the view that the right of pre-emption should be demanded immediately at the time of the deal between buyer and the original purchaser. The word of Muwathibat has been used by no less an authority than Imam Ahmad Ibn Hanbal to emphasise its principle, Some of the jurists have based the principle of "Talab-i-Muwathibat" on the principle of option of the sitting (Khiyar-al-Majlis): Therefore, if the pre-emptor does not express his intention to exercise his right within that very sitting in which he comes to know about the deal, he loses his right for goods. The maximum period allowed by the Hanbali jurists even in cases of real and genuine excuses does not exceed a few moments. For example, Ibn-i-Qudamah, a renowned Hanbali jurist says that a person engaged in having meal or attending the call of nature or busy in prayer or attending a (Jama'ah) may be allowed time to free himself from these engagements before he expresses his intention to exercise right of pre-emption. Ibn-i-Qudamah further says that if a person is informed about the sale of the property and he…

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