Impacts of Limited Jurisdiction of Federal Shariat Court on the Islamization of Laws in Pakistan: A Critical Analysis in the Light of Case Laws

Abstract

This research paper aims to define the distinguished character, significance and role of the Federal Shariat Court and its impact on the process of Islamization of laws in Pakistan. The paper also attempts to examine the nature of authority and power of the Court in the context of the Pakistani judicial system. The main emphasis of the paper at hand is to discuss and ascertain the constitutional limitations placed on the Court’s jurisdiction and their ambiguous nature. The difference in interpretations of the constitutionally excluded laws from the Court’s jurisdiction, the extent of their scope and their impact on the jurisdictional sphere of the Federal Shariat Court is conversed. The equivocal and unexplained terminology of such restricted laws has strong effect on the diversity of decisions of the Courts in this regard; leading to occasional extension and restraint of the jurisdictional sphere of Federal Shariat Court. Besides, the main function of the Court i.e. the Islamization of laws is highly impeded not only through these constitutional exclusions but also through unjustifiable methods of overruling and pendency. A noteworthy question arises here that is true Islamization possible with such a narrow jurisdictional scope of the only institution vested with this role and in spite of exclusion of such commonly and widely experienced areas of law?