دور المحكمة الشرعية الفيدرالية في تطبيق الشريعة الإسلامية في باكستان
The Role of the Federal Shariat Court in Implementing Islamic laws in Pakistan
Abstract
Soon after the creation of Pakistan, the Islamization process started. The Objectives Resolution 1949, and the Islamic provisions of the constitutions of Pakistan 1956, 1962, and 1973 provided sufficient materials for the Islamization of laws in Pakistan. The Council of Islamic Ideology examined the laws and submitted its recommendations to the Parliament. The Federal Shariat Court declared several laws repugnant to the injunctions of Islam. The Federal Shariat Court was established on May 26, 1980. It had the mandate to strike down existing as well as future laws, except the constitution, Muslim Personal Law, any law relating to the procedure of any court or tribunal. Fiscal laws were debarred for ten years from the jurisdiction of this Court. The Court was also vested with the powers of hearing appeals or revisions against the decisions passed by any criminal court relating to the enforcement of ḥudūd. Appeals against the judgments of the Federal Shariat Court can be filed before the Shariat Appellate Bench of the Supreme Court of Pakistan. The paper concludes that the Federal Shariat Court is unique in judicial history. It played a significant role in introducing Islamic laws in Pakistan and offered solid interpretations to various laws to remove the ambiguity in the laws. It critically evaluated a considerable number of laws and directed the government to Islamize them.
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