Abstract
This paper attempts to analyze the Sharīʻah compatibility of
laws governing the ‘contracts of sale’ in Pakistan. The Transfer
of Property Act, 1882 deals with the contracts of sale for
immoveable property while the Sale of Goods Act, 1930
regulates the sale transactions involving goods or moveable
property. This paper investigates the Sharīʻah compatibility of
the provisions of two statutes. Three core transactions under the
above mentioned legal regime have been identified to be
incompatible with the Sharīʻah rules. The study finds that (i)
sections 54 and 56 of Transfer of Property , 1882; and (ii)
sections 5 and 6(2) of the Sale of Goods Act, 1930 to be
incompatible with Sharīʻah rules and need to be amended
accordingly to bring the ‘sale contract’ in conformity with
Sharīʻah principles. This study further finds the Marshalling of
mortgaged property to be inconsonant with Shari’ah principles
as it does not require the consent of mortgager to sell the
mortgaged property and needs to be brought in conformity
with Sharīʻah principles.
Dr. Naureen Akhtar , Prof. Dr. Muhammad Tahir Mansoor. (2020) Compatibility of Laws Governing Contracts of Sale in Pakistan: An Analytical Study in the Light of Sharīʻah and Law, Pakistan Social Sciences Review, Volume 4, Issue 1.
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