Religious scholars from the Jamia Naeemia have ruled that laws allowing Pakistani public office holders to purchase gifts at lower rates from the Toshakhana (state gift depository) are against Sharia and contradict Islamic teachings. The fatwa (ruling) from scholars of the leading religious institution issued on on Monday comes a day after the federal government released a 466-page record of Toshakhana gifts received, retained, or bought back by public office holders from 2002 to 2023. Announcing their ruling, the Jamia Naeemia religious scholars said that the Holy Prophet Muhammad (Peace Be Upon Him) had warned against keeping in possession gifts given to persons holding government position.
The scholars emphasised that gifts given to public office holders, regardless of their value, belong to the state and should be collected in the state’s treasury, as per Hadith. The scholars clarified that it is not permissible for government officials or mininister to keep the gifts in their possession or purchase them after paying 20 or 50 per cent of the amount, as permitted in Pakistan by the current Toshakhana laws. They added that if a ruler or government official conceals a gift, it is considered unlawful and forbidden, and can lead to their arrest. The religious scholars stated that the gifts held in the Toshakhana belong to the country and its people, and must only be used for public welfare. The scholars emphasised that obtaining items from Toshakhana at lower prices is equivalent to betrayal, and that those who engage in such activities will be held accountable on the day of judgement.
Allama Dr Mufti Raghib Hussain, Mufti Mohammad Imran Hanafi, Mufti Mohammad Nadeem Qamar, Mufti Mohammad Arif Hussain and others penned the fatwa.
As per the issued fatwa, the existing laws permitting purchasing of gifts received by heads of state, ministers, and other government officials during foreign visits at 20 per cent or 50 per cent are deemed unlawful under Sharia. The ruling added that if a government official wishes to take possession of any item, they must pay the full market value of the said item.
The scholars suggested that gifts should be auctioned off, with the participation of everyone allowed, and the proceeds be deposited into the national treasury.
As per the fatwa, it is also not permissible for the head of state or government officials to receive gifts by providing a sum of money of their choosing, as such gifts are not given to them in their personal capacity but rather because of their position and status as a head of state or government official.
The fatwa further added that during visits of foreign heads of state to the country, gifts are presented to them from the state treasury and not from the personal pockets of rulers or leaders. Additionally, the responsibility for providing gifts to foreign heads of state also fall upon the state treasury.
The scholars asserted that if rulers obtain gifts by only paying 20 per cent or 50 per cent, it would lead to financial losses for the state.
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