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ISALMIC LAWS IN PAKISTAN

INTRODUCTION:

Islamic law, also known as Sharia, plays a significant role in Pakistan’s legal system. Pakistan

is an Islamic republic, and its legal system incorporates elements of Islamic law alongside

common law and statutory law. The Constitution of Pakistan designates Islam as the state

religion and mandates that all laws be brought into conformity with Islamic principles.

Additionally, Pakistan has a separate system of Islamic courts known as the Sharia courts or

the Federal Shariat Court, which adjudicates matters pertaining to Islamic law. These courts

primarily deal with issues such as family law, inheritance, and other matters governed by

Islamic principles.

Implement of Islamic laws:

The Implementation of Islamic law in Pakistan is primarily governed by the country’s legal

system, which operates on a dual-track system comprising both secular and Islamic legal

principles. Here are some key aspects of how Islamic law is implemented in Pakistan:

Constitutional Provisions: The Constitution of Pakistan includes provisions aimed at

Islamizing the legal system. Article 2 states that Islam is the state religion, while Article 227

requires that all laws be brought into conformity with the injunctions of Islam as laid down in

the Quran and Sunnah.

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Islamic Legislation: The Pakistani parliament has passed various laws aimed at incorporating

Islamic principles into the legal framework. These include laws related to family matters,

such as the Muslim Family Laws Ordinance, which governs marriage, divorce, and

inheritance among Muslims.

Sharia Courts: Pakistan has a separate system of Sharia courts, which operate alongside the

regular civil and criminal courts. The Sharia courts, also known as the Federal Shariat Court,

have the authority to review and determine the compatibility of laws with Islamic principles.

They primarily deal with cases related to family law and other matters governed by Islamic

jurisprudence.

Application of Islamic Principles: In cases where Islamic principles are applicable, such as

family law matters involving Muslims, courts in Pakistan often refer to Islamic jurisprudence

to resolve disputes. Judges may interpret and apply Islamic law based on Quranic injunctions,

Hadith (sayings and actions of the Prophet Muhammad), and scholarly consensus.

Legal Education and Training: Law schools in Pakistan often include courses on Islamic

law as part of their curriculum. Aspiring lawyers and judges may study Islamic jurisprudence

to understand its principles and their application in the legal system.

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Public Opinion and Social Influence: Islamic law also influences public opinion and

societal norms in Pakistan. Religious scholars and leaders often play a significant role in

shaping public discourse on legal and social issues, including matters related to Islamic law.

Overall, the implementation of Islamic law in Pakistan is a complex and evolving process,

influenced by constitutional provisions, legislative enactments, judicial interpretations, and

societal factors.