پاکستان میں رائج فوج داری قوانین

اسلامی قانونی فکر کے چند مباحث

Abstract

The Constitution of Pakistan calls for bringing all laws into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah, but it does not provide a definition of the "injunctions of Islam". The Council of Islamic Ideology, created by the Constitution for the purpose of facilitating the Parliament in this process has also avoided to provide a clear definition of this term. This has led to confusions, ambiguity and the use of mere discretion in judging the Islamicity of laws. The Federal Shariat Court, which has the power to nullify a law found repugnant to the injunctions of Islam, also did not attempt any definition. The problem is further aggravated by the fact that neither the Council nor the Court has laid down a sound legal theory for deriving and interpreting the rules of Islamic law from the Quran and Sunnah. The present paper highlights the importance of having a sound and analytically consistent legal theory for this purpose and argues that in the absence of such a theory the Council and the Court will never be able to perform their constitutional duty of Islamizing the Pakistani legal system. Picking and choosing between the opinions of the jurists of various schools of Islamic law and mixing these subjectively selected opinions with the alien principles borrowed from the Anglo-Saxon legal tradition without a sound and elaborate legal theory can only result in analytical inconsistencies.