Federal Shariat Court
Introduction
The Federal Shariat Court is a judicial entity established in Pakistan in 1980, primarily as part of the nation’s Islamization efforts, spearheaded by then-President General Muhammad Zia-ul-Haq. The Court holds appellate jurisdiction over district court rulings concerning Islamic laws and also has exclusive authority to adjudicate petitions that contest the compliance of state laws with Islamic principles.
Function and Jurisdiction
The Federal Shariat Court reviews the laws and considers their consistency with Sharia (Islamic Law). If a law is found to be repugnant to Islam, the Court has the authority to demand its amendment or repeal. Initially staffed with a mix of retired judges and scholars (ulama), the Court ensures that modern legal practices accord with traditional Islamic jurisprudence.
Original Jurisdiction
- Appellate Jurisdiction: The Court can hear appeals on cases related to Hudood Ordinances (Islamic penal laws).
- Exclusive Jurisdiction: It assesses and hears petitions challenging any existing or proposed laws on the grounds that they violate Islamic injunctions.
Historical Evolution
Since its inception, the Federal Shariat Court has undergone numerous modifications:
- Between 1980 and 1985, twelve presidential ordinances were enacted, reflecting the dynamic nature of its mandate.
- Various laws were reviewed by the Court, resulting in the amendment or repeal of approximately five hundred statutes by 1987.
Shift of Mandate
Post-1985, much of the responsibility for judicial Islamization shifted from the Court to the Parliament, which started to enact “Shariat bills”. These legislative measures were designed to align the judicial and legal framework of Pakistan with Sharia principles.
Etymology and Translation
- Etymology: The term “Shariat” (also spelled “Sharia” or “Shari’ah”) originates from the Arabic word “شَرِيعَة” (sharīʿa), meaning “the way” or “the path”.
- Arabic Translation: المحكمة الفيدرالية الشرعية (Al-Mahkamah Al-Fidrail Al-Shari‘a)
- Turkish Translation: Federal Şeriat Mahkemesi
Suggested Books for Further Studies
- “Islamization of Laws and Economy: Case Studies on Pakistan” - Shahbaz Ahmad Cheema
- “Zia’s Law: Punjab Dynamics, Contested Land, and Shari‘a Trials” - Muhammad Qasim Zaman
- “Islam and Pakistan’s Political Culture” - Farhan Haq
- “The Islamization of Pakistan, 1979-2009” - Roger D. Long and Gurharpal Singh
Takeaways and Conclusion
The Federal Shariat Court represents a pivotal institution in the legal and judicial landscape of Pakistan. Established to ensure congruence between state laws and Islamic injunctions, the Court has influenced numerous legal statutes and provided a platform to attain legislative compliance with religious principles. Although much of its role has transpired to parliamentary processes in recent decades, it continues to function as a guardian of Islamic jurisprudence within the nation’s legal system.
Understanding the full scope of the Federal Shariat Court requires an appreciation of the broader historical, political, and religious transformations within Pakistan since the late 20th century. Its impact on legal reforms and its ongoing relevance present an intriguing study of the intersection between religion and state governance.
