متقدمین و متاخرین فقہا کی آراء کی روشنی میں مال حرام کا منافع

Islam teaches its follower purification in every walk of life, be itassociated with creed, character, worship or economic activities; it is advised that they should avoid contaminated substance. Unlawful income (Maal-eHaram) is also prohibited by sharia to be earned or kept in custody; . However types of unlawful income are more than few, for instance riba, robbery, bribery etc and Sharia scholars have different views about each one of them, similarly opinions of sharia scholars are also different on profit earned on the lawful investment of unlawful income. In this paper, sharia guidelines regarding lawful and unlawful income is presented, different types of unlawful income and views of sharia scholars regarding the income and profit earnedfrom the investment of the same are mentioned with arguments, in the end suggestions are given in light of present era regarding each type of unlawful income.

The Constitution Amendments in the Original Constitution of the Islamic Republic of Pakistan, 1973. its Effects & Legal Challenges: A Comparative Study

Pakistan whose history since the day of independence (i.e., 1947), is replete with dismissal of the elected governments and impositions of martial laws that ruled the country for over a period of 30 years, under Ayub Khan (1958-1969); Yahya Khan (1969-1971); Zulfiqar Ali Bhutto [as Civilian Martial Law Administrator] (1971-1972); Zia-ul-Haq (1977- 1988) and Parvez Musharraf (1999-2008), respectively. It is undeniable historical fact that in all these unfortunate scenarios, the matters relating to imposition of martial laws, whenever came under discussion before the honorable apex Courts, in most of those cases, the judicial verdicts, pronounced from time to time, not only seems to be leaned towards upholding the imposition of Martial Laws but also self-contained elements of the injustice therein too; whereby prima facie the honorable apex Court(s) while over stepping their prescribed constitutional limits unfortunately allowed the military dictator(s) to effect the constitutional amendments as per their own sweet whims and desire. The matter does not end here, rather, whenever the issue relating to the dictatorial Act’s, Ordinances, Martial Law Regulations or Amendments etc., if came before the successive Parliament(s) of its time, the constitutional history of Pakistan again reveals an ugly image of its kinds, whereby not only all those Acts, Ordinances, Martial Law Regulations or Amendments as the case may be; which were either made or introduced into the Constitution as such got indemnified/validated by the Parliamentarians or subsequently given the legal shelter/protections through cover of Constitutional Amendment Acts; that too, without introduction of even a slightest change therein. It is worth to mention here, that while focusing the military expeditions; endure would also be made in examining all those Constitutional Amendments too, which had/have purely been brought into the Constitution by the Politicians (ruling parties) themselves, with their hidden object to strengthen their respective offices, while shifting the centre of powers from the office of Parliament to that of the office of a Sole Party Head (who may even be a non-elected member too) of the ruling party. Besides above, endeavors would also be made to put light on those Constitutional Amendments too, which has been made part of the Constitution in order to serve/protect the interest of Judiciary as well. In nut shell the thesis would be examining the effects of all such amendments, which had particularly de-shaped/disfigured the overall Constitutional Schemes of the Constitution of Islamic Republic of Pakistan, 1973. Most importantly, the relevant constitutional and legal issues would be highlighted and discussed in its chronological orders vis-a-vis the Constitutional Amendments made from day one till so far; besides above efforts would be made to pinpoint the circumstances which had actually given an unbridled license to the military dictators (i.e., through the judgments rendered by the apex Courts) or to the politicians or likewise to the apex Courts, as the case may be, to put their personal wishes/whims over the wishes/whims of the general masses, particularly, when the Social Binding Contract (i.e., Constitution) to which they subjugated is grossly mutilated by such military/civilian usurper’s commands. At last the research would be concluded with solution to settle down the dilemma which cropped up due to mutual connivance of the Judicial, Military and Politicians understandings, while risking the social & legal norms of the society at large.