Fatwa declares Toshakhana laws contrary to Sharia

Purchasing items at lower rates from Toshakhana not permissible and against Islamic teachings, say scholars

LAHORE:

Amid the Toshakhana controversy, renowned clerics in Pakistan issued a fatwa (religious decree) denouncing the current law that allows the purchase of gifts from the state depository at throwaway prices as they were not the private property of anyone and only belonged to the nation as a trust.

Jamia Naeemia’s Mufti Raghib Hussain Naeemi, Mufti Imran Hanfi, Mufti Nadeem Qamar, and Mufti Arif Hussain stated in the decree that the law for retaining gifts was “un-Islamic” and emphasised that Prophet Muhammad (PBUH) had strictly warned against keeping a gift given to a person holding a government position.

Read Govt makes 21-year record of Toshakhana public

Therefore, the gifts received by government officials, whether small or big, are essentially the property of the state and should be deposited in the state treasury.

As per the law, the Cabinet Division get the value of the gifts assessed from FBR official and private appraisers.

“Gifts up to a value of Rs. 30,000/-(Rupees thirty thousand only) may be retained free of cost by the recipient.  Gifts valued above Rs.30,000/- may be allowed to be retained by the recipient on payment of 50% of the value exceeding the basic exemption of Rs.30,000/-. This exemption shall however not be available in the case of antiques and gifts of intrinsic historical value. All such gifts shall be properly catalogued and displayed at the prominent buildings owned by the Government. Different gift articles given by a single dignitary to a functionary at one occasion will be treated as a single gift for the purpose of valuation,” reads the Toshakhana law.

Read More List of Toshakhana gifts from 2002 to 2023

The decree also said the gifts should be spent on public welfare. Citing a Hadith, it said the gifts should be deposited in the state treasury, adding that purchasing the items from the state depository at lower prices was a violation of Islamic teachings.

Scholars have urged the Supreme Court to play its role in an amendment to the existing law.