Abstract
Good neighborhood is a great blessing while a bad cause’s loss of disgrace. The Islamic Shᾱrῑᾱ has given great importance to neighborhood and has specified the rights. According to Islamic Sharia a neighbor cannot sell a property without the permission of his neighbor next door. That right is called Shūfᾱᾱ or the Pre-Emtion. This concept was developed in Sub continent by the great Mūghᾱl emperor Ᾱūrᾱngzeb Ᾱlᾱmgῑr. He made a legal fram work for exercising the right of Pre-Emption. After the intervention of British rule in Inda, the right of Pre-Emption included in Cival law of the region. In 1887, the Punjab Act of Pre-Emption was passed and in 1955, the Khyber Pūkhtoon Khwᾱ adopted this Act legally. In 1991 the Punjab Govermnet passed an Ordinance related to this right with some amendments in the prevailing laws. However the Act has so many controversial points and complexity that are required to be explained. This paper associates with the analysis of the prevailing Act of 1987 in Khyber Pūkhtoon Khwᾱ. The Act is actually based on the recommendations made by the IIC (Islamic Ideological Council) but the law practioners faces hurdles in the inter pretation of the Act. This paper is an attempt to simplify the difficult terms and references of the Act and provide an easy way for persons associated with judiciary.
Keyword(s)
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