Islamization of Laws in Pakistan, Federal Shariat Court and Contemporary Challenges

Abstract

The structure of the state of Pakistan is based on Islamic ideology. Islam is the state religion under article 2 of the constitution of Islamic republic of Pakistan, (1973).  There are significant attempts and efforts made for Islamization of laws, such as, the adoption of Objective Resolution, (1949). The bulk of the provisions of Islamic law regulate individuals as well as collective lives of the people. However, there are certain challenges. Islamization is urgent need of the Pakistani Muslims. An implementation and enforcement of the provisions of Islamic laws in true sense is essential for further progress in Pakistan. The role of the constitutional institutions for Islamization is significant for consideration having certain challenges in implementation. In this context, this paper specifically discusses the role of constitutional institution, the Federal Shari‘at Court (FSC). It argues that the FSC has, more or less, contributed for Islamization of laws in Pakistan and there are certain challenges in terms of its application. It analyses the judgments of the FSC and describes its powers and procedural challenges for Islamization of laws. It further highlights the jurisdiction of the FSC and pendency of the cases in Shari‘at Appellate Bench is questionable. The paper concludes that although legislature and in particular FSC have contributed for Islamization of laws and for constitutional development but still implementation of laws and Court decisions is a big challenge.