Law Of Pakistan
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Law Of Pakistan
The law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales. History Following the establishment of the Dominion of Pakistan in 1947, the laws of the erstwhile British Raj remained in force. At no point in Pakistan's legal history was there an intention to begin the statute book afresh. The founder of Pakistan, Muhammad Ali Jinnah had a vision regarding the law of Pakistan, to implement a system in accordance to Islamic teachings, but it was never fulfilled, although it was fulfilled at the later stage when Pakistan had its first constitution in 1956. This vision, however, did have a lasting effect on later Pakistani lawmakers. During the reign of General Muhammad Zia-ul-Haq, elements of Islamic Sharia law were incorporated into Pakistani law, leading to the institution of a Federal Shariat Court (FSC). In some Federally and ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Women Related Laws In Pakistan
The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran. Laws such as the Muslim Personal Law of Sharia (addressing a woman's right to inherit all forms of property), the Muslim Family Law Ordinance or MFLO (intended to protect women against practices regarding marriage, divorce, polygamy and other personal relationships), and the Hudood Ordinance have been legislated to ensure the rights of women. The Hudood Ordinance was seen as working at cross-purposes to the rights of women by victimizing women only, which was corrected by the introduction of Women's Protection Bill. The Sexual Harassment Bill was created to ensure women's safety in public and work spaces ...
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Marriage In Pakistan
Marriage in Pakistan ( ) pertains to wedding traditions established and adhered by Pakistani men and women in Pakistan, women. Despite their local and regional variations, marriages in Pakistan generally follow Islamic marital jurisprudence. Marriages are not only seen as a union between a husband and a wife, but also an alliance between their respective families. These traditions extend to other countries around in the world where Overseas Pakistani communities exist. Before the wedding Search Searching for a potential groom or bride () is the first step of traditional Pakistani marriages. Beyond age 20, both men and women are considered potential grooms and brides. Most marriages in Pakistan are traditional arranged marriages, semi-arranged marriages or love marriages. *''Arranged marriage'' occurs when a member of the family, a close friend or a third person party helps bring two supposedly compatible people together in matrimony. The groom and bride have usually never met bef ...
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Women's Protection Bill
The Women's Protection Bill () which was passed by the National Assembly of Pakistan on 15 November 2006 is an attempt to amend the heavily criticised 1979 Hudood Ordinance laws which govern the punishment for rape and adultery in Pakistan. Critics of the Hudood Ordinance alleged that it made it exceptionally difficult and dangerous to prove an allegation of rape, and thousands of women had been imprisoned as a result of the bill. The bill returned a number of offences from the Zina Ordinance to the Pakistan Penal Code, where they had been before 1979, and created an entirely new set of procedures governing the prosecution of the offences of adultery and fornication. Whipping and amputation were removed as punishments. The law meant women would not be jailed if they were unable to prove rape and their complaints of rape would not be seen as confession of adultery. Some religious parties have called the bill un-Islamic and by extension unconstitutional, however the Supreme Court o ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ...
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Federal Government Of The United States
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct branches: United States Congress, legislative, President of the United States, executive, and Federal judiciary of the United States, judicial. Powers of these three branches are defined and vested by the Constitution of the United States, U.S. Constitution, which has been in continuous effect since May 4, 1789. The powers and duties of these branches are further defined by Act of Congress, Acts of Congress, including the creation of United States federal executive departments, executive departments and courts subordinate to the Supreme Court of the United States, U.S. Supreme Court. In the Federalism in the United States, federal division of power, the federal government shares sovereignty with each of the 50 states in their respective t ...
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United States Legal System
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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Jury Trials
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far ...
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India Office
The India Office was a British government department in London established in 1858 to oversee the administration of the Provinces of India, through the British viceroy and other officials. The administered territories comprised most of the modern-day nations of the Indian Subcontinent as well as Yemen and other territories around the Indian Ocean. The India Office was headed by the Secretary of State for India, a member of the British cabinet, who was formally advised by the Council of India.Kaminsky, 1986. Upon the independence of India in 1947 into the new independent dominions of India and Pakistan, the India Office was closed down. Responsibility for the United Kingdom's relations with the new countries was transferred to the Commonwealth Relations Office (formerly the Dominions Office). Origins of the India Office (1600–1858) The East India Company was established in 1600 as a joint-stock company of English merchants who received, by a series of charters, excl ...
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Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ...
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