The legal system of Pakistan is based upon the legal system of British India. Pakistan is an Islamic republic, and Islam is the state religion. Constitutions have laws that are consistent with Islam.
Pakistan has a total of 170 million population, and according to the census taken in 1998, almost 97 percent of the population is Muslim. The penal code of Pakistan incorporates many Islamic laws referred to as Sharia’s provisions. The legal system consists of different court systems with overlapping and competing jurisdictions. The judicial system encompasses differences in criminal, civil, and Islamic law.
Legal System of Pakistan and Islam
Pakistan is an Islamic country, so our law is according to the Holy Quran and Hazrat Muhammad (S.A.W). The legal system of Pakistan is derived from common English law, and it is also based on the 1973 constitution and amendments. Federal Shari’a court and Shari’a bench served as appellate courts for many convictions in criminal courts.
Allah teaches us to Pray and apply Islam in every aspect of our lives. In Quran, Allah says:
“Thus, have we made of you an Ummah justly balanced, that you might be witnesses over the nations, and the Apostle a witness over yourselves” (2:143).
1. Supreme Court
The legal system of Pakistan includes rules and laws connected with Islam’s teachings. The Supreme court is an important part of our country’s legal system. Each province’s Supreme court and high courts have jurisdiction over criminal and civil issues.
The Supreme court has appellate and advisory jurisdiction, which comes from Shari’a. The federal court of Shari’a determines whether the laws and decisions are based on Islamic Injunctions or not.
2. Special Courts
Besides supreme and high courts, there are special courts in many places of Pakistan. Special courts and tribunals also hear many cases such as drugs, commerce, terrorism, or social or local issues.
Pakistan penal code has very limited jurisdiction in remote or tribal areas, but they make sure to incorporate Islamic teachings in every law.
3. Constitution of 1973
Constitution of 1973, with all its amendment, include all the clauses based on the Islamic rules. There is freedom of speech, religion, and press. Constitution gives us the right to bail, appeal, counsel, and many other protections.
Constitution limits civil liberty following the Islamic doctrine and national security. Constitution allows our legal system to impose the death penalty and punish criminals by stoning, lashing, or amputations. These punishments are mostly limited to tribal or remote areas.
The judiciary’s role is very important in the legal system. Both executive and legal branches take their decisions and operate according to the Islamic way, but it still suffers a lot of issues.
The judiciary also suffers from corruption, bribe, and lack of resources, making it difficult to incorporate Islamic ways into their decisions.
The role of Islam in the legal system of Pakistan is very important. As an Islamic state, we need to include Islamic teachings in every aspect of our lives. Islam provides laws that are according to the teachings of the Holy Prophet (S.A.W). Every branch of the legal system has rules and laws that define our Islamic ways.