The Federal Shariat Court (FSC) is a constitutional court of the
Islamic Republic of Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, which has the power to examine and determine whether the laws of the country comply with
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
law. The court was established in 1980 during the government of the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
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* Nissan President, a 1966–2010 Japanese ...
General Muhammad Zia-ul-Haq. It is located in the federal capital,
Islamabad
Islamabad (; ur, , ) is the capital city of Pakistan. It is the country's ninth-most populous city, with a population of over 1.2 million people, and is federally administered by the Pakistani government as part of the Islamabad Capital ...
.
It hears appeals under the
Hudood Ordinances, a religious legislation in the country introduced in 1979.
The Federal Shariat Court is the only constitutional authority in the country designed to prevent enactment of un-Islamic laws by the
parliament of Pakistan
The Parliament of Pakistan ( ur, , , "Pakistan Advisory Council" or "Pakistan Consultative Assembly") is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate as the upper ...
. It is predominantly focused on to examine new or existing
law of Pakistan. If a law violates the
Quran
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...
,
sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
or
hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
, it prohibits its enactment.
Justice Dr. Syed Muhammad Anwer, is the current
Acting Chief Justiceof the Federal Shariat Court, having taken oath on May 16, 2022.
Court structure and mandate
It consists of eight Muslim judges appointed by the
President of Pakistan
The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.[Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...]
or a
High Court or from amongst persons possessing the qualifications of High Court judges. Of the 8 judges, 3 are required to be
Ulema
In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
who are well versed in
Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding
Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Court's history of cases
In March 1981, the court ruled in an adultery appeal that
stoning people to death was "repugnant to the injunctions of Islam," a decision that upset ruling General Zia ul-Haq, and Islamic revivalists. Zia ul-Haq then replaced several members of the court, and the above-mentioned decision was reversed.
In 1982, the Federal Shariat Court ruled that there is no prohibition in the
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , si ...
or
Hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
about the judgeship of a woman nor any restriction limiting the function of deciding disputes to men only. In 2013
Ashraf Jehan became the first female justice of the Federal Shariat Court.
In 2016,
Provincial Assembly of the Punjab
The Provincial Assembly of the Punjab is a unicameral legislature of elected representatives of the Pakistani province of Punjab, which is located in Lahore, the provincial capital. It was established under Article 106 of the Constitution of Pak ...
passed a legislature, the Punjab Protection of Women against Violence Act 2016. Soon after its passing, it was challenged in Federal Shariat Court.
In February 2017, the court issued its ruling on
test-tube babies and validated its use conditionally. ''
The Nation
''The Nation'' is an American liberal biweekly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper t ...
'' reported, "The Federal Shariat Court yesterday declared the option of using 'test tube baby' method for conceiving babies for the married couples having some medical complications as lawful."
The fact that lawyers make up a permanent majority of judges of the court, outnumbering Islamic ulama, has been credited with the court finding "technical flaws in every stoning and amputation appeal that it has ever heard", preventing the carrying out of sentences amputating limbs and killing by stoning.
[
File:Emblem of the Federal Shariat Court of Pakistan.svg, Coat of arms of the Federal Shariat Court
File:Pakistan Federal Shariat Court Flag.svg, Flag of the Federal Shariat Court
]
Chief Justice and judges
See also
* List of Chief Justices of the Federal Shariat Court
References
External links
*
Pakistan Federal Shariat Court on worldcat.org website
Further reading
*
Salman Akram Raja, An act of appeasement?
The News International
''The News International'', published in broadsheet size, is one of the largest English language newspapers in Pakistan. It is published daily from Karachi, Lahore and Rawalpindi/Islamabad. An overseas edition is published from London that cater ...
January 16, 2016
{{DEFAULTSORT:Federal Shariat Court
1980 establishments in Pakistan
Constitutional courts
Courts and tribunals established in 1980
Court system of Pakistan
Sharia in Pakistan
Islamization