 Sources of Law

Definition: According to oxford English dictionary the word law means

“Rule made by authority for the proper regulation of a community or society or for the correct conduct of life
According to Austin ( not for mcqs)
Set of rules
Law is a “rule of conduct” imposed and enforced by the government country/sovereign () to keep peace and
order in the society

According to salmond
Law is a body of principle recognized and by the stat in the administration of justice

Sources imp

1. English Mercantile Law: The EML constitute the foundation on which the super structure of Pakistan
Mercantile Law has been built (with little bit amendment) no mcq

2. The Statute Law: When a bill is passed by the parliament and signed by the president, it becomes an
“ACT” or statute law ( very imp mcq)

Parliament is combination of two houses one is called national assembly and second is called senate

Nation Assembly: (lower house)

 It consists of 342 members (272 elected, 60 women, 10 minorities). They are elected for five
years, there age should be at least 25 years, National assembly is headed by speaker national
assembly.
Member will give to speaker national assembly and speaker to president THE ESTIFAH RESIGN
 No restriction for them to b elected again and again

Senate:
 It consist of 104 members, they are elected for 6 years[senators], their age should be 30 years,
it is headed by chairman senate. Chairman senate comes for 3 years ( also called upper house
and permanent law making body) .senate kay election by provisional assembly
 Like sindh ki Sindh assembly select kare g
 No restriction for them to b elected again and again

President:
 He shall be a male
 , Muslim,
 sound mind
 and of 45 years.
 Pakistan resisdent
  He is considered the head of state.or country
 5 years , only two times in life
 He will give estifah (resign) to speaker national assembly .
Prime Minister:
 His age should be 25 and above, MNA{member national assembly} sey banta hay
 his main role is advisory to president
 cabinet ka head hota hay and the preseidet appoints the cabinet
 5 years can b appointed by many times
 head of GOVERNMENT

3. Judicial Decision or Case Law: Also called precedent is a judgment or decision of a court of as an
authority for deciding and identical case which serves as an authority for legal principal embodied in its
decisions, precedent include ratio decidendi and obitor dicta whenever an act is silent on a point or
there is ambiguity the judge has to decide the case according to the principles of justice, equal and good
conscience (mcq of ratio n obitor}

4. Custom and usage: in practice for a long time becomes binding on the contracting parties. A custom
when accepted by a court and incorporated in a judicial decision become a legal custom (being replaced
any Shariat law) It is a social rule or habit, which the people have adopted themselves for their conduct
[1 or 2 mcq] e.g shariat law is being replacing which law ?

5. Legislation: ALSO CALLED DELEGATED LEGISTRATION . to save time in parliament, when authority is
delegated to other bodies, to make rules (i.e. to minister, factories, local authorities, companies stock
exchange etc)

6. Shariat Law: according to, or as ordered by and guidance by QURAN SUNNAH, under the great blessing
of al mighty
ENGLAND KAY LAWS [NOT MUCH MCQ]