The NWFP Government has referred property tax case to the Islamic Ideology Council (IIC) to decide the cases whether property tax can be collected under Islamic law.
IIC, in its meeting held under the Chairmanship of Mufti Ghulam-ur-Rehman, exempted residential self-occupied houses upto 5 marlas from property tax. But in the same time it was also declared that in case a house has two separate doors, the house would be treated as two houses.
This decision was taken in an IIC meeting as a government spokesman, Mufti Ghulam-ur-Rehman, in a briefing to the press informed newsmen. It was also decided that the government be empowered to deduct property tax from the owners of houses of above 5 marlas which may be self-occupied to meet government expenses.
Prior to this, a resolution was passed unanimously by the M.P.A of NWFP, recommending exemption of one house from property tax which is self-occupied, irrespective of measurement etc.
The question is, if in case of joint family, where more than two families (parents plus married sons) are living and the house is more than 5 marlas, where actually in each family possession only one room comes and a bath room without a drawing room and TV lounge, and a study room how can the government demand property tax from the owner.
Further if there is a house of about one canal, where 4/5 families (married brothers) are living. If their father/mother in whose name the house was, have died and each family has only 3/4 marlas in their possession. Under which formula will the government recover property tax and from whom? From the deceased who is no more on earth. A person after paying Zakat, income tax and other legally enforced taxes want to purchase or build a house on more than 5 marlas I may ask with due apology and respect from the Mufti Sahiban particularly from Mufti Ghulam-ur-Rehman under which law can the government be empowered to collect property tax. I personally wrote letters to seek clarification not only to Mufti Ghulam-ur-Rehman but also to Senior Minister Sirajul Haq, Chief Minister NWFP, Excise and Taxation Provincial Minister but a reply is still awaited.
None of them bothered to reply when they were a part of the MMA and were asked to run their government under Islamic Law to give shelter to needy persons without any prejudice.
Through the print media I invite the attention of all religious-cum-political leaders, like Qazi Hussain Ahmad, Opposition leader Maulana Fazlur Rehman, Provincial Minister for Excise and Taxation, who is himself an advocate, and other experts in the matter, to reply whether the government can be given a free hand to collect property tax under the above circumstances. Further the recovery method is also complicated and unrealistic. Excise and Taxation record is also not trustworthy.
In most cases the present occupant is receiving notices from the ETO for payment of property tax but the name is given to the ex-owner and taxation official do not bother to amend their record by deleting the ex-owner and inserting a new owner.