Law:

Section:

(a) Hisba-------Meaning---Historical background and duties of Institution of Hisba---Hisba is an Arabic word, which, in the plain language, means "to Count" or "accountability" or "to prohibit from evil things", as per available literary sources---Institution of office of "Hisba"did not exist at the time of Holy Prophet (p.b.u.h.) and Khulafa-e-Rashideen---Initially the office of "Anvil al-Suk" was created by "Umayyads" to regulate markets, however; later on it was expanded into the office of "Mohtasib" by the "Abbasids". Introduction of Islamic Law by Joseph Schacht; History of Islamic Law by N.J. Coulson; History of the Arab People by Albert Hourani; Islami Riasat Main Mohtasib Ka Kirdar by Dr. M.S.Naz; Concept of Administrative Accountability in Islam by Dr. Riaz Mehmcod; Urdu Daira Ma'arif-e-Islamia ;Urdu Encyclopedia of Islam) Vol VIII; Ehkamul Sultania by Imam Abul Hassan Bin Muhammad Bin Habib-e-Baseeri (translated by Maulvi Syed Muhammad Ibrahim); Abdul Qazi by Dr. Mehmood Ahmed Ghazi, Edorai-e-Tehkekgat-e-Islami; Badae-ul-Sana'ay by Alama Allauddin Abubakar Bin Sulemani (translated by Prof. Khan Muhammad Chawla); The Concise Encyclopedia of Islam by Cyril Glasse; Holy Qur'an Surah Al-Imran Verse 104; Surah Al-Nisa Verse 59 and The Concept of Administrative Accountability in Islam ref. (b) Constitution of Pakistan (1973)--- ----Arts. 186, 189 & 190---Advisory jurisdiction of Supreme Court---Reference by the President of Pakistan---Opinion by the Supreme Court on the Reference by the President is not a decision between the parties but the Court undertakes an extensive judicial exercise during which the arguments advanced by the Advocates appearing on behalf of the parties summoned by the Court are evaluated and appreciated and then an opinion is formed, therefore, it has binding effect. (c) North-West Frontier Province Hisba Bill, 2005--- ----Ss. 10(b)(c)(d); 12(1)(a)(b)(c); 23(1), (2), (3), (5), (6), (7), (12), (14), (27); 25(1)(2) & 28---Constitution of Pakistan (1973), Art.116---Governor's assent to Bill---Governor of the Province is required to assent to a Bill which has been passed by the Provincial Assembly in accordance with the…

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