In May 1991, the National Assembly adopted Sharia law, which aimed to bring the entire judicial system into line with Islamic norms. These standards had not yet been established, and by early 1994 no serious attempt had been made to draft and adopt the necessary laws and constitutional amendments. Many observers believed the act was intended to appease Islamist extremists, but it seemed likely that there would be constant pressure to implement the law more fully. Indeed, the influence of Islamic law, or Sharia, remains a crucial element of Pakistan`s tribal customs as well as the conventional judicial system. Sharia courts have the power to review any law for conformity with Islam and to declare null and void any violated laws. References to Islamic principles can be found in judgments as diverse as due process in administrative law, enforceability of contracts, and even environmental regulations. On the list of the Dominion of Pakistan in 1947, the laws of the former British Raj remained in force. At no time in Pakistan`s legal history has there been any question of reviving the Code of Law. The founder of Pakistan, Muhammad Ali Jinnah, had a vision regarding Pakistan`s right to introduce a system in line with Islamic teachings, but it was never realized. However, this vision had a lasting impact on subsequent Pakistani legislators.
During the reign of General Muhammad Zia-ul-Haq, elements of Islamic Sharia were incorporated into Pakistani law, which led to the establishment of a Federal Sharia Court (FSC). In some federally and provincially administered tribal areas (FATA) and (PATA)], there is a legal system that uses traditional methods and continues to exist at the local level. At this informal level, disputes are settled by a jirga, a council of tribal elders. [1] [2] Article 1 of the Constitution states that Pakistan is known as the “Islamic Republic of Pakistan” and Article 2 declares Islam to be the state religion. In 1985, the target resolution contained in the preamble to the Constitution became a substantive provision with the insertion of Article 2A, which required that all laws be brought into conformity with the Qur`an and the Sunnah. Chapter 3A establishes the federal Sharia before the courts and states that the court must review any law or statutory provision that may violate the “precepts of Islam as set forth in the Holy Quran and Sunna.” If a law or provision is found to be offensive, the court must notify the federal or state government, stating the reasons for the decision. The court may also review any decision on the enforcement of Hudud sentences decided by a criminal court and suspend the sentence if there are doubts about the accuracy, legality or appropriateness of a finding, judgment or order, or as to the due process of the proceedings. The Supreme Court also has a Sharia Court on appeal, which has the power to review federal Sharia decisions in court, and consists of three Muslim Supreme Court judges and a maximum of two ulema. Part IX of the Constitution is entitled Islamic Regulations and provides for the Islamization of all existing laws and reaffirms that no law may be promulgated that violates the commandments of Islam. A statement attached to Part IX clarifies that in terms of personal law, the term “Qur`an and Sunna” refers to the laws of each sect as interpreted by that sect.
The development of the rule of law in Pakistan has suffered from decades of military rule, which have had only short-lived and intermittent experience of democratic governance. Since much of the law originated in the British colonial system, it is considered by many to be flawed. There are also tensions between the system inherited from common law and Islamic law based on the Qur`an, especially in provinces and remote areas. Questions of legitimacy are exacerbated by low levels of efficiency, prevalence of delays, inferior quality of legal education, corruption, and the perception that the judiciary is a tool for delaying justice, manipulated by wealthy and/or powerful interests in society. Fiqh schools: The predominant Madhhab are the Hanafi, and there are considerable Ja Fari and Isma ili minorities. The legal status of Ahmadis is somewhat unclear. They identify as Sunni Muslims, but have been declared non-Muslims by the state. In 1974, then-Prime Minister Zulfiqar Ali Bhutto finally caved in to a long-standing campaign by conservative religious elements who campaigned for the official designation of Ahmadis as non-Muslims. There have been Ahmadia initiatives to adopt an amended version of the 1961 Ordinance on the Muslim Right of the Family to be Applied to Ahmadi Civil Status. There are also Christian, Zoroastrian, Hindu, Sikh and Jewish minorities in Pakistan.
“Issues of legitimacy are exacerbated by low efficiency, prevalence of delays, inferior quality of legal education, corruption, and the perception that the judicial system is a tool for delaying justice, manipulated by wealthy and/or powerful interests in society,” USAID said.
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