Qualifications of a Qāḍī: A Sharī‘ah Appraisal and Pakistan

الملخص

This research explains Islamic principles of the qualifications of a qāḍī and the basis of such principles as quoted by different schools of thought. Further, the analysis of the qualifications of a judge under the Pakistani law is compared with Islamic law. In Sharī‘ah, a qāḍī holds the status of walī (guardian) to empower and protect the interest of vulnerable segments of the society in accordance with Islamic law. This status requires he should be qualified prescribed by the distinct schools of Islamic thought, in the light of religious teachings as he is entrusted with the crucial responsibility to interpret and implement the law within the bounds of Sharī‘ah. Pakistan being an Islamic state, and Article 227(1) of the Constitution requires that all laws should be in conformity with the injunctions of Islam. Enforcement of Shariat Act of 1991 articulates that wherever more than one interpretation of the statute law are possible, the interpretation by the Islamic principles and jurisprudence shall be followed. However, the statutory law related to qualifications of a judge in Pakistan and the relevant case laws do not fulfill the conditions provided by the Jurists and the requirements endorsed by the Constitution of Pakistan of 1973.