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Quiz 01

What are the major features of the post- independence land reforms in
Pakistan? What are the obstacles in enforcing/implementing these reforms in
Pakistan?

Land Reforms

Land reforms include all those measures which are aimed at eliminating all those obstacles for
keeping the agriculture sector backward socially and economically. Through these changes not
only changes will be brought in the use and distribution of land, but the relationship between
land lords and tenants will also be improved. Thus, due to land reforms government gets legal
right over the possession of the lands of the people. However, in this regard government can
provide compensation to people in certain cases.

In the era of British Rulership, the idea to own private property in United India became obvious.
The Zamindari system, Ryotwari system and Mahalwari system were the land ownership
systems. These sytems were failed to promote equalities in distribution of wealth and lands.

Post-Independence Land Reforms

In the post-independence period. The government of Pakistan had issued two major land reforms
laws, to reduce inequalities in distribution of income, wealth and lands.

i. Ayub Khan’s Reforms (1959):

The Ayub khan’s government issued the first land reforms regulation in Pakistan.
 The West Pakistan Land Reforms Regulation 1959 (Regulation 64 of 1959)
 This Regulation included ceiling on individual holdings in which no
individual can own more than 500 acres of irrigated and 1,000 acres of
unirrigated land or a maximum of 36,000 Produce Index Units (PIU),
whichever was greater.
 Land is to be redistributed amongst tenants and others. Moreover, this
regulation had provided the provisions in regards to the safety and security
of tenants and prevented the sub division of land holdings.
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 This regulation stayed in force until 1972, the next land reform regulation
of Zulfiqar Ali Butto.
ii. Zulfiqar Ali Butto’s Reforms (1972):

Ayub khan introduced reforms but they had altogether failed to accomplish the aspired
objectives. Therefore, so the land reforms were introduced by Zulfiqar Ali Butto in 1972.

 Martial Law Regulation ( The Land Reform Regulation 1972

 It repealed the West Pakistan Land Reforms Regulation 1959.
 The ceiling fixed for individual holdings for the irrigated land was fixed at
150 acres and that for the un-irrigated land it was fixed at 300 acres as
compared to Ayub’s 500 and 1000 acres for irrigated and un-irrigated land
respectively. No compensation was. In earlier reform package was taken
back to regain. However, the reforms could not produce the expected
results.
 The Law Reforms Act 1977
 The second wave of land reforms had to be introduced in 1977. 100 acres
and 200 acres was the ceiling for the individual land holdings for irrigated
and un-irrigated land respectively. Moreover, victims were to be provided
compensation and exemption given to religious holdings in previous
reforms was also removed. The end of the Butto period was the end of the
land reforms in Pakistan.

Obstacles in enforcing these land Reforms:

In Pakistan, despite land reforms it has been observed that these reforms failed to bring social
and economical change. Following are the reasons and barriers which impedes the progress of
these reforms.

a) Feudalism
There are certain powers which are exercised by the Upper class in respect to own
their lands. These powers are not restricted in their manner. However, powers
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which can exercise by an Individual are restricted to some acres of lands but the
families could own more than that collectively.
As the Upper class has to build up their societal relations so they can rule over the
lower class. In this way they have divided the economy in which the income and
the wealth of the lower class have not been increased and these land reforms again
failed to bring economical change.
b) Powerless tenants
The lower class could not get the share of their land ownership properly. The
unrestricted powers of the upper class made it difficult for them to get their shares
from them. Moreover, due to the existing land mafias in our country these shares
were given to the Lower poor class for some period of time then these shares were
taken back from them. Therefore, lower class becomes powerless to own their
lands and to increase their wealth.
c) Repugnancy to Islamic Provisions
In Islamic (Sharia Law) there are no restrictions related to the measurements of
the lands own by the people living in the country. Under Islamic Law it is allowed
for citizens to own as much property as they can, there are no restrictions in
regards to this particular area of legal ownership. On the other hand, if certain
restrictions are obtruded by State over the quantity and measurements of lands
owned by its citizens and formally forbid them to obtain an exceeded amount of
property then these prescribed limitations are not acceptable in Islamic provisions.
d) No policy to carry out the reforms
There are no effective measures which are taken to deal with the purpose of
fulfillment of these land reforms and to bring economic and social change. The
reforms are only planned to get advantage of the Lower poor class. Therefore,
these reforms have failed to accomplish the expected objectives.
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Quiz 02

Case law review of Said Kamal Shah vs. Government of NWFP (PLD 1986 SC
360); Discuss the Islamaisation of Law of Pre-Emption.

CASE LAW REVIEW

In the case the question was, to what extent and how far are the provisions on the pre-emption
laws statutorily enforceable in the country at present “repugnant to the injunctions of Islam as
laid down in the Holy Quran and Sunnah referred to as the injunction of Islam”. ‘The law of pre
-emption in Islam is a specified exception to the general law of the freedom of the contract and
purchase in Islam.’

According to the Sunnah, the right of pre -emption is confined to three classes of persons only;
there is no scope for extending that right to anyone else. If it is once established that there are
only three categories of pre-emptor, then it would be repugnant to the relevant injunction if they
are curtailed property wise or increased, person wise.

The existence of an exception in a statue clarifies that the statue should apply in all cases not
excepted nor it is necessary that the exception be placed in a particular position in a bill.
Purchase by one person or corporation before an opportunity is afforded to others, also the right
to make such purchase.

ISLAMISATION OF PRE-EMPTION:

Mohammadan system owes the origin of pre-emption laws, as a part of Islamic legal system, pre-
emption laws are directly derived from one of the primary sources of Islamic law, i.e. Sunnah. It
was introduced in Sub-Continent during the Muslim rule through judicial decisions. Under
Muslim administration, these were applied universally. Now even in Pakistan, the same is
equally applied to Muslims and non-Muslims.

Pre-emption/ Right of Pre emption

It is a contractual and preferential right of purchasing an immovable property before others.Its

objective is to avoid inconvenience and disturbance which is likely to be caused by the
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introduction of the stranger into the land. This right arises only in two types of transfer of
immovable property: Sale and Exchange. When it arises in respect of sale and exchange, then in
both cases it must be complete and valid. However, this right cannot be exercised by everyone:
there are three classes of persons entitled to claim this right: co-owner in the property, a
participator- a person who is entitled to such easements as a right of way), and owner of an
adjoining property.

When parties belong to different sects or schools and are non- Muslims then some difficulty
arises. The vendor and pre-emptor must be a Muslim; if the vendor and pre-emptor are Sunni
then Sunni Law will be applicable, if Shia then Shia Law will be applicable. A sect of vendee is
immaterial. If any one of the vendor and pre-emptor is Shia then Shia Law will be applicable, no
pre-emption if more than 2 co-owners.

There are some formalities to exercise the right of pre-emption, namely:

i. Immediate Demand: The pre-emptor asserts his claim immediately on hearing of the sale,
but not before. It does not need to be made in the presence of witnesses.
ii. Confirmatory Demand: The pre-emptor should, as soon as practicable, affirm the
intention of asserting his right by making the second demand wherein he refers to the fact
that he had already made the right demand. It is should be made in the presence of two
witnesses 
iii. Demand for possession: It will arise only if the claim is not conceded, and, therefore, the
pre-emptor files a suit to enforce his right.

The right of pre-emption may be lost: By acquiescence or waiver, by death of pre-emptor (Sunni
law), by misjoinder and by release.

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