The blasphemous Rent Restriction Act be brought in conformity with the injunctions of Islam as it specifically violates verse
(2:282) of the Holy Quran, and the specific provision of Article 227 of the Constitution.
The Holy Quran is the Supreme Divine Constitution for humankind to obey. It is binding on Muslims.
The Rent Restriction Act (RRA) is aggressively un-Islamic, as it violates 21 verses of the Holy Quran including the specific verse (2:282) relating to the mutually agreed Rent Deed Contract Agreement. RRA violates and over rides verses (2-43-110-188-198-267), (5:1-8-13-42-47-49), (9:8-12-13) (13: 20-25) (16:91), (23:8) (49:9) of the Holy Quran. The Act is blasphemous and its enactment, support and implementation is highly sinful.
Similarly, the Rent Restriction Act (RRA) violates 9 basic articles of the Constitution of Pakistan
The bad law is un-noticed by the Senate and the National Assembly. It requires immediate rectification to be just and equitable. The relevant committees in both the houses should have deleted the repugnant, un-Islamic and unconstitutional RRA.
It is surprising that the mutually agreed rent deed agreement and all its terms and conditions are violated by the RRA. The terms and conditions of the agreement must be implemented as the Holy Quran guides. The mutually signed agreement must be binding on both parties. The RRA boldly violates it. The RRA is therefore un-Islamic, unjust, and inequitable as it violates the Quran and numerous articles of the Constitution.
The RRA be declared null and void. The Federal Government and the Provincial Governments may be directed to bring RRA in conformity with the injunctions of Islam, and the Constitution of the Islamic Republic of Pakistan
The Constitution of Pakistan and the Holy Quran show RRA is highly unreasonable, unjust as it violates and over rides the mutually agreed terms and conditions of the Contract Agreement. The Rent Restriction Act violates the Holy verse (2:282) of the Holy Quran and article 227 of the Constitution.
The RRA is inequitable and partial as it is totally in favor of the tenant. This is because the RRA renders the mutually agreed contract agreement inefficacious, ineffective, as it is restrictive and one-sided. The RRA is regressive, anti-development and anti-revenue as it also restricts revenue as property tax and income tax to the Government that is spent by the Government in general public interest of the urban area by providing civic facilities.
The RRA is unjust and unreasonable as it gives inherent rights to the tenant over the property of the investors to possess it indefinitely, and on the death of the tenant, the possession of the property and the tenancy rights are transferred to his son, and wife and so on for generations as like in inheritance from ancestors.
The RRA restricts trade and business of real estate and sale and purchase of urban rented property. It restricts the sale, as possession of property is not handed-over to the owner in the event of sale. This reduces the value of the property by half, as no body purchases the occupied property. The buyer wants its vacant possession.
The RRA is highly litigating and crimes generating as it is unjust and unreasonable. There are 35% rent cases in the courts. In some cases, it takes more than 30 years to decide. Lacs of rupees are spent on litigations besides wasting time in years. It creates law and order problems.
The RRA gives parasitic possession of the property to the tenant, as even on the termination of the contract period, the property is not vacated, new or fresh agreement is not signed, there-by violating the mutually agreed contract agreement. All over the world, the rented property is vacated exactly at the end of the contract date and renewed only with mutual consent.
RRA restricts rent and does not allow the reasonable prevailing market price. This restriction shows favor to the rich tenants. The restriction of rent is not in general public interest. It is entirely in the interest of the tenant at the cost of others. RRA restricts urban development by restricting provincial and Federal Government revenues that is spent on providing urban facilities of drinking water, street lights, sanitation, public libraries, epidemic control, vaccinations, malaria eradication campaign, traffic control facilities, bus stand, transport facilities etc.
The terms and conditions of the mutually signed contract agreement is vital lawful document, but it has no legal value, as it is over-ridden by the RRA. This is not only funny, but violates fundamental rights of the investor. This is unjust and partial besides un-Islamic and unconstitutional. It is against the law of contract and written undertaking as the Holy verse (2:282) reveals.
The investment in urban property by the investor is in general public interest, as it provides facilities for trade and business to the general public to earn living. It provides commercial and residential facilities to the general public. But the continued possession of the urban property for decades by the tenant turn it into slums as the tenants never vacate the property for improvement, reconstruction and for raising plazas that would fetch huge revenue to the Governments and provide great commercial, trading and residential facilities to the general public. Construction activities would provide great job opportunities and the building material factories would flourish.
The owner has no control over his property and cannot enjoy it. This is in violation of the Constitution and his fundamental rights.
The mutually Rent Deed Agreement and its terms and conditions is a vital lawful document/contract prepared in line with the Holy verse (2:282) of the Quran. It is duly signed by two witnesses. Therefore, the RRA should not be allowed to defy the Holy Quran and the mutually agreed contract agreement. The RRA should not be allowed to override the agreement, ignore the teachings of the Holy Quran and the provisions of the Constitution.
Rendering the agreement useless by RRA, unduly favors the rich tenants, like traders, business men, store owners, shopkeepers, Government organizations, offices hired by diplomats, private schools, clinics and by rich companies.
The provisions in RRA are mischievous as it is a domineering law. It overrides the mutually agreed contract agreement and its terms and conditions. It is therefore unjust, one-sided, unreasonable, inequitable, intrusive and against general public interest. The RRA urgently needs to be scrapped and a new equitable and just law be prepared to strictly follow the verse (2:282) of the Holy Quran and article 227 of the constitution.
There are no restrictions on any other trade or business and on all other items of daily use except on the rent of the urban property. The tenant is in continued possession of the property. This is cruel as it is in violation of the many provisions of the Constitution. The RRA is anti-development, unproductive, dispute creating law, therefore local and foreign investment is restricted in this business.
The RRA encroaches on the fundamental rights of the investor. RRA violates articles 3 and 4 of the Constitution that gives inalienable rights to all citizens and no action detrimental to person or property of any person shall be taken that violates his fundamental rights.
The RRA has restricted the owner’s rights, as he cannot exercise the right to use his property in any manner that the owner chooses. The Constitution gives rights to the owner to enjoy his property but the RRA violates all provisions of the Constitution besides violating the Holy Quran.
The article 17 (2) requires the court to apply the principles of reasons and justice but RRA is not based on reasons and justice. Contrary to all this, the RRA unjustly supports the tenant in violating the terms and conditions of the mutually agreed contract agreement signed in the presence of two witnesses. This ugly violation needs to be set right and the blasphemous RRA declared void.
In view of article 18, restrictions by RRA are unreasonable and unjust in the lawful trade and business of urban property. The article 23 of the Constitution allows the right to acquire and dispose off property. RRA violates this provision of the Constitution.
In the business of renting property, the interest of five parties are involved. These are the investor, the tenant, the provincial Government, the Federal Government and the general public interest. The RRA favors only the tenant at the cost of all others. On papers, the investor is the owner of property but at site, the tenant is physically the owner of the property for indefinite time.
Suggestions for modified, equitable, reasonable and just Rent Act in general urban public interest and in agreement with the Holy verse (2:282) of the Holy Quran
The Rent Restriction Act should be modified, and brought in conformity with the injunctions of the Quran, and the provisions of the Constitution. The law must be urban development oriented in general public interest and not in the interest of the tenant alone.
Tenants never pay rent in time. The tenant pesters the investor. Therefore, tenants who do not pay rent by the 5th of each month (latest) be fined. In case of delay, a penalty of 10% of monthly rent be imposed as in case of Government departments of Gas, Electricity and Telephone. The tenant should stand ejected if he repeatedly delays monthly payment before the 5th of each month.
Tenants should automatically stand ejected if they do not pay rent for one month.
The terms and conditions of the mutually agreed contract agreement must not be allowed to be overridden by the Rent Act. The agreement and its terms and conditions must be binding on both sides under the law and as revealed by the Holy Quran so that disputes in future do not arise. All disputes must be settled according to the mutually agreed Rent deed agreement and its terms and conditions.
The date of vacation of the property that is the Contract termination date as provided in the terms and conditions of the contract agreement must be implemented. Its violations should be made punishable.
The property should be vacated with in two months if the owner wants to sell it so as to fetch market price. In this way, the real-estate business would flourish and the Government would get huge revenue as registration/transfer fee, property tax and income tax. Business would flourish. This will give boost to plazas construction and to the building material industries, and supply of construction materials would flourish. Jobs would be created.
Rent fixation should be subject to market price so that real estate business should flourish, as this will increase the Government revenue and benefit the general urban public, as they will get greater, better, modern trading and businesses facilities besides creating jobs to earn living.
All rent cases must be decided by a body with in one month. Both the owner and the tenant or their legal advisors should be present with documents. The case be decided in two sittings or earlier. The law should be made simple, just and equitable. A fee of Rs 10,000/- be deposited by the tenant and the owner of property in Government treasury for services rendered by the Government to the owner of the property and to the tenant in deciding the case. The defaulter must pay this money to the other party to bear the cost.
The blasphemous RRA may be annulled. It should be replaced, simplified, and brought in conformity with the injunctions of Islam to follow the Holy verse (2”282) of the Holy Quran as article 227 of the constitution of Pakistan
It is a great sin to implement and support un-Islamic, blasphemous RRA in Islamic country. It must be noted that the Holy Quran, the Word of God, is Supreme Law for humankind to obey. The man-made RRA must be brought in conformity with the Injunctions of Islam. No law shall be enacted which is repugnant to Quranic Injunctions as the Constitution provides in article 227.
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