Studying the Case of Riba: A Synoptic View of the Functioning of Federal Shariat Court and the Shariat Appellate Bench of Supreme Court

Abstract

Ever since the Shariat Appellate Bench of the Supreme Court pronounced its first judgment in the case of Riba in the year 1999, declaring Riba in all its manifestations repugnant to the injunctions of Shariah, the case of Riba has undergone various misadventures and judicial catastrophe. It started with filing of a Review Petition in the case of Riba, wherein, initially operation of the impugned judgment was suspended, and subsequently it was completely set aside, remanding the case back to Federal Shariat Court (FSC) to decide afresh, while brushing aside a decade long unique intellectual and judicial exercise. This was in clear violation of past precedents that defined the scope of the review proceedings, and against
well-established judicial norms. The misadventure continues as the case of Riba is still pending before FSC, even after laps of more than sixteen (16) years. Apparently, the entire constitutional scheme has been laid to rest on the basis of a single rule contained in a subordinate legislation, empowering a Chief Justice to regulate the process of fixation of cases with absolute discretion. This resulted into delay in the process of administration of justice, which led to complete dis-functionality of the two afore-mentioned judicial forums. This work presents a brief sketch of the functioning of the Federal Shariat Court and Shariat Appelate Bench of the Supreme Court of Pakistan while analyzing the Case of Riba.