The Contract Act 1872 and The Recommendation of Council of Islamic Ideology Pakistan: Legal Experts Prospective

Abstract

The Contract Act of 1872 is relatively important in the country, Pakistan particularly because it deals with sets of rules and parameters of the contract and agreements. At the start of the year 2013, the Council of Islamic Ideology Pakistan proposed certain amendments to cover up the Act according to Islam’s Sharia law. This particular recommendation has brought a lot of debate among legal practitioners and Experts, this has created a platform for developing the aspect of the views and stand of the supporters and the opponents of the proposed amendments. This work shall outline the legal structure, based on the Contract Act of 1872 as well as the changes that has been suggested by the Council of Islamic Ideology. Most of the lawyers and jurists are totally against the so-called reform of the Contract Act 1872 of Pakistan and emphasize that these amendments are not required and hence may cause confusion to the existing laws. Some of them state that in the current Act, there is adequate protection of the Islamic values and to undertake any further measures as will cause legal uneasiness and vagueness. In contrast, several lawyers and activists hold the opinion that new changes are necessary to ensure that the law should be compliant with Sharia law, this is because the Pakistan legal framework contains elements of Sharia law. They suggested the present law does not reflect the Islamic view and what the CII stole out is what can supplement the absence. Collectively, while considering the role of the Council of Islamic Ideology, the discussion elucidates that there is a possibility that the expert's and advocates’ viewpoints contribute to the realization of the fact that it is difficult to amend laws at the central level.

Keywords: Legal Experts, the council of Islamic ideology Pakistan, Contract Act 1872, CII, Pakistan.