Abstract

This research paper conducts a comparative analysis of Pakistani Laws governing the buying and selling of properties in the real estate business, juxtaposed with issues addressed in “Majalla Al-ahkam Al-adliyyah”—a comprehensive book on Hanafi jurisprudence written in the 19th century Ottoman Caliphate. Despite seventy-five years of independence, Pakistan still relies on modified laws from British India, especially the Transfer of Property Act 1882, for land transactions. The Majalla provides a unique perspective rooted in Islamic tradition. The study delves into the definitions of sale, categorizes types of sales, and explores the essence of sale in both legal frameworks. Additionally, it differentiates buyer's rights and obligations, emphasizing the duty to disclose defects. The analysis covers the authenticity of official documents and the importance of granting possession of the land to the buyer. It also addresses the non-privilege in the land and the obligation to clear public charges, rent, and incumbrances. The findings highlight the need for a more nuanced legal structure aligned with Islamic jurisprudence to regulate real estate transactions in Pakistan.