Federal Shariat Court of Pakistan
Encyclopedia
The Federal Shariat Court (FSC) of Pakistan
is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan
after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court
or a High Court
or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan
is the current Chief Justice
of the court. Of the 8 judges, 3 are required to be Ulema
who are well versed in Islamic law
. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal
against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in the society. Created as an islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
or a High Court
High Courts of Pakistan
There are five High Courts of Pakistan, each of four based in the capital city of one of the four provinces. The government has proposed a fifth high court to cover the Islamabad Capital Territory. This proposal was blocked by the Lahore High Court but that decision was overturned by the Supreme...
or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan
Agha Rafiq Ahmed Khan
Justice Agha Rafiq Ahmed Khan was born on 23 August 1949 in Garhi Yasin in Shikarpur District of Sindh, Pakistan and is currently the Chief Justice of the Federal Shariat Court of Pakistan....
is the current Chief Justice
Chief Justices of the Federal Shariat Court
The Chief Justice heads the Federal Shariat Court of Pakistan. These are the names of the Chief Justices of the Federal Shariat Court of Pakistan, which came into being in 1980.-List: Temporal Order...
of the court. Of the 8 judges, 3 are required to be Ulema
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...
who are well versed in Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in the society. Created as an islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
See also
- Chief Justice of the Federal Shariat Court
- Agha Rafiq Ahmed KhanAgha Rafiq Ahmed KhanJustice Agha Rafiq Ahmed Khan was born on 23 August 1949 in Garhi Yasin in Shikarpur District of Sindh, Pakistan and is currently the Chief Justice of the Federal Shariat Court of Pakistan....
, the current Chief Justice of the Federal Shariat Court