International Construction Law Review
PAKISTAN
MAHOMED J JAFFER
Orr, Dignam & Co, Karachi
THE MOVE TO AN INTEREST-FREE ISLAMIC ECONOMY
The July 2000 issue of ICLR1
contained a Correspondent’s Report from Pakistan regarding the decision of the Supreme Court holding that all laws which deal with the payment of interest were repugnant to the Injunctions of Islam and that any amount over the principal in a contract of loan or in a debt was Riba
prohibited by the Holy Quran. The Government of Pakistan was directed to amend all such laws and to introduce interest-free Islamic banking by 30 June 2001. The Report examined the judgment and its likely effect on all transactions both domestic and foreign, including foreign arbitration awards and judgments. A view was expressed that unless the judgment is reviewed or further time granted by the court to implement it, it was not possible to indicate what was likely to happen at the end of June 2001. An additional point noted was that legislation would be necessary to provide alternative means of compensation in lieu of interest.
Meanwhile, since the Supreme Court’s decision laid down principles of law it was likely to be contended in court that interest-bearing transactions were not valid or enforceable at least in relation to any addition to principal however described. This note discusses developments since July 2000, the one-year extension of time granted by the Supreme Court and a decision of a High Court holding that, in the event of default by a borrower, no further amount could be charged if an extension of time was given for payment or the loan restructured, as well as recent legislation which gives some indication of how this problem may be overcome.
The lead-up to the 30 June 2001 deadline
As the deadline of 30 June 2001 approached, there was considerable public interest in international financial and domestic circles as to how this judgment would be implemented, what alternative financial instruments would be introduced for normal trade and business to continue and how delay in payment will be compensated if interest is not allowed.
The Government was apparently faced with an uncomfortable dilemma. It was bound to carry out the judgment of the Supreme Court and at the same time, notwithstanding the best efforts of experts engaged by it, it had not
[2002
The International Construction Law Review
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