مجموعہ ضا بطہ دیوانی کی سودی شقیں اور عدالتی فیصلہ: ایک تجزیاتی مطالعہ

“The Usurious Clauses of the Civil Procedure Code 1908 and the Judicial Verdict: An Analytical Study”

Abstract

This article presents an analytical study of the usury clauses of the Code of Civil Procedure (CPC) 1908 in light of Islamic injunctions and the landmark judgment of the Federal Shariat Court dated April 28, 2022. In Islam, Riba (interest) is strictly prohibited in all its forms, including Riba al-Nasi’ah and Riba al-Fadl, due to its association with economic exploitation and social injustice as established in the Qur’an and Sunnah. Despite Pakistan’s constitutional commitment under Article 38(f) to eliminate Riba from the economic system, the colonial-era CPC 1908 still contains provisions that empower civil courts to award interest in financial disputes, including decrees, restitutions, mesne profits, and mortgage cases. This study critically examines Sections 2(12), 34, and 144(1), along with Orders XXI and XXXIV, highlighting instances of Riba al-Nasi’ah and compound interest. It further analyzes the legal mechanisms through which interest-based financial additions are imposed and evaluates the Federal Shariat Court’s directive declaring such provisions repugnant to Islamic injunctions, recommending their replacement with “compensation for actual material loss.” The study concludes that, especially after the 26th Constitutional Amendment setting January 1, 2028 as the deadline for a Riba-free economy, comprehensive reform of the CPC 1908 is both a legal and religious necessity to align civil judicial procedures with Islamic economic justice.