Name: Sumaira Ashraf

ID No: 7254
Couse Code & Title: Introduction to Law (LAW-101)
To: Sir Shahnawaz Shaheedi
Date: 19/07/2023
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The legal system of Pakistan is based on the principles of English common law and
Islamic law (Sharia). The country follows a federal parliamentary democratic
republic system, and its legal structure is hierarchical, comprising various courts at
different levels. Here is a detailed explanation of the legal system of Pakistan:

1. Sources of Law:
The legal system of Pakistan draws its authority from three primary sources:
a. The Constitution of Pakistan: The constitution is the supreme law of the land
and establishes the framework for the country’s governance, defining the powers
and responsibilities of the government institutions.
b. Islamic Law (Sharia): Pakistan is an Islamic republic, and Islamic law, known as
Sharia, has a significant influence on the legal system, particularly in matters of
family law, inheritance, and certain criminal offenses.
c. English Common Law: Pakistan was a former British colony, and as a result, the
English common law system heavily influences its legal structure. Precedents set
by higher courts play a crucial role in guiding lower courts’ decisions.

2. Court Structure:
Pakistan’s court system consists of various tiers, each with specific jurisdictions
and functions:
 a. Supreme Court of Pakistan: The Supreme Court is the highest judicial
authority in the country. It has original jurisdiction to hear cases of national
importance and appellate jurisdiction to review decisions from lower courts.
b. High Courts: Pakistan has four High Courts, one in each province, with original
and appellate jurisdiction over civil and criminal matters within their respective
provinces.
c. Federal Shariat Court: This court is responsible for examining and deciding the
constitutional validity of laws in light of Islamic principles.
d. Civil and Criminal Courts: District and Sessions Courts, along with Magistrates’
Courts, deal with civil and criminal cases at the district level. There are also
specialized courts, such as anti-terrorism courts, family courts, and banking
courts.

3. Legal Profession:
The legal profession in Pakistan is regulated by provincial bar councils. Lawyers
must be members of these councils to practice law. The legal profession is divided
into advocates (barristers and solicitors) and advocates on record, who have the
right to appear before the higher courts.

4. Criminal Justice System:

The criminal justice system in Pakistan is adversarial, where the prosecution and
the defense present their cases before the courts. It encompasses the
investigation, prosecution, and trial of criminal offenses.

5. Civil Justice System:

The civil justice system deals with disputes between individuals, organizations,
or the state. Civil cases involve matters such as property disputes, contracts, and
family matters.
 6. Alternative Dispute Resolution (ADR):
Pakistan promotes alternative dispute resolution methods like arbitration and
mediation to resolve disputes outside the traditional court system, providing
quicker and more cost-effective resolution options.

7. Islamic Banking and Finance:

As an Islamic republic, Pakistan has also developed an Islamic banking and
finance system that operates on Sharia-compliant principles.

8. Challenges in Legal System of Pakistan:

The legal system in Pakistan faces several challenges, some of which have been
persistent issues over the years. These challenges pose significant obstacles to
the efficient and effective functioning of the legal system and impact access to
justice for the citizens. Below are some of the key challenges faced by the legal
system in Pakistan:

Backlog of Cases: One of the most critical challenges is the backlog of cases in
the courts. The high volume of pending cases results in delayed justice, causing
frustration among litigants and affecting public trust in the judiciary. The slow
pace of case disposal hampers the overall efficiency of the legal system.

Access to Justice: A large segment of the population, especially in rural and

remote areas, faces difficulties in accessing the justice system due to various
factors, including high legal costs, lack of legal awareness, and distance from
courts. Limited availability of legal aid services further exacerbates this issue.

Corruption and Judicial Misconduct: Instances of corruption and judicial

misconduct have occasionally surfaced, tarnishing the reputation of the legal
system and eroding public trust in the judiciary. The influence of personal and
political interests on judicial decisions can undermine the impartial
administration of justice.

Inadequate Infrastructure and Resources: Some courts, especially in rural

areas, lack adequate infrastructure and resources, hindering their ability to
function effectively. Insufficient courtrooms, outdated technology, and a
shortage of trained personnel contribute to inefficiencies in the legal system.

Implementation and Enforcement Issues: Despite having comprehensive laws,

the implementation and enforcement of these laws at the grassroots level
remain a challenge. Poor coordination between different law enforcement
agencies, weak enforcement mechanisms, and a lack of resources hamper
effective implementation.

In conclusion, It Is important to note that while the legal system of Pakistan has
made efforts to balance Islamic principles and English common law, there have
been debates and challenges in implementing Sharia-based laws alongside the
conventional legal system. The evolving nature of the legal landscape reflects
the country’s rich cultural and historical heritage, as well as its quest for justice
and social harmony.