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Federal Shariat Court

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Federal Shariat Court
Emblem of the Federal Shariat Court
Flag of the Federal Shariat Court
Established1980;44 years ago(1980)
JurisdictionPakistan
LocationConstitution Avenue,Islamabad
Authorized byConstitution of Pakistan
Appeals toSupreme Court of Pakistan
Judge term length3 years
Number of positions8
Websitewww.federalshariatcourt.gov.pk
Chief Justice of the Federal Shariat Court
CurrentlyJustice Iqbal Hameedur Rahman
Since01 June 2023

TheFederal Shariat Court(FSC) is a constitutionalislamic religiouscourt of theIslamic Republic of Pakistan,which has the power to examine and determine whether the laws of the country comply withSharialaw. The court was established in 1980 during the government of thePresidentGeneral Muhammad Zia-ul-Haq.It is located in the federal capital,Islamabad.[1][2]It hears appeals under theHudood Ordinances,a religious legislation in the country introduced in 1979.[3]

The Federal Shariat Court is the only authority which holds the constitutional power to prohibit and prevent the enactment of laws which are deemed to be un-Islamic by theparliament of Pakistan.It is predominantly focused on examining new or existinglaw of Pakistan.If a law violates theQuran,sunnahorhadith,the Shariat Court will prohibit its enactment.[4]

Justice Dr. Syed Muhammad Anwer,[5]is the currentActing Chief Justiceof the Federal Shariat Court, having taken oath on May 16, 2022.[6]

Court structure and mandate

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It consists of eight Muslim judges appointed by thePresident of Pakistanon the advice of the Chief Justice of the Court, from amongst the serving or retired judges of theSupreme Courtor aHigh Courtor from amongst persons possessing the qualifications of High Court judges. Of the 8 judges, 3 are required to beUlemawho are well versed inIslamic law.The judges hold office for a period of 3 years, which may eventually be extended by the President.

Appealagainst its decisions lies 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 must take necessary steps to amend such law appropriately.

The court also exercises revisional jurisdiction over the criminal courts, decidingHudoodcases. 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

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In March 1981, the court ruled in an adultery appeal thatstoningpeople 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.[7]

In 1982, the Federal Shariat Court ruled that there is no prohibition in theQur'anorHadithabout the judgeship of a woman nor any restriction limiting the function of deciding disputes to men only.[8]In 2013Ashraf Jehanbecame the first female justice of the Federal Shariat Court.[9]

In 2016,Provincial Assembly of the Punjabpassed a legislature, the Punjab Protection of Women against Violence Act 2016. Soon after its passing, it was challenged in Federal Shariat Court.[10]

In February 2017, the court issued its ruling ontest-tube babiesand validated its use conditionally.The Nationreported, "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."[11][12]

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.[7]

  • Coat of arms of the Federal Shariat Court
    Coat of arms of the Federal Shariat Court
  • Flag of the Federal Shariat Court
    Flag of the Federal Shariat Court

Chief Justice and judges

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Sr. No Name Designation Date of appointment
1 Justice Iqbal Hameedur Rahman Chief Justice 01 June 2023[1][2]
2 Justice Dr. Syed Muhammad Anwer[13] Aalim Judge 16 May 2022
3 Justice Khadim Hussain M. Shaikh[13] Judge 27 March 2021
4 Justice Ameer Muhammad Khan[13] Judge 26 March 2024
5 Vacant
6 Vacant
7 Vacant
8 Vacant


See also

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References

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  1. ^"CJP nominates Shariat court top judge".The Express Tribune (newspaper). 13 April 2017.Retrieved15 November2018.
  2. ^Federal Shariat Court of Pakistan on Encyclopedia Britannica,Retrieved 15 November 2018
  3. ^"Three names approved for Federal Shariat Court judges".The Express Tribune.26 June 2014.Retrieved28 April2022.
  4. ^"First FSC woman judge sworn in".The Nation.31 December 2013.Retrieved28 January2022.
  5. ^of pakistan, Federal Shariat Court (16 May 2022)."Hon'ble Chief Justice of Federal Shariat Court of Pakistan".www.federalshariatcourt.gov.pk.Retrieved16 May2022.
  6. ^of pakistan, Federal Shariat Court (16 May 2022)."Press Release"(PDF).p. 1.Retrieved16 May2022.
  7. ^abKadri, Sadakat (2012).Heaven on Earth: A Journey Through Shari'a Law from the Deserts of Ancient Arabia.Macmillan. p. 229.ISBN9780099523277.
  8. ^Ansar Burney v. Federation of PakistanArchived1 July 2015 at theWayback Machine,PLD 1983 FSC 73–93; reaffirmed inMian Hammad Murtaza v. Federation of Pakistan,PLD 2011 FSC 117
  9. ^"Pakistan Shariat court gets first woman judge".hindustantimes.com website. 31 December 2013. Archived fromthe originalon 31 December 2013.Retrieved15 November2018.
  10. ^Iqbal, Nasir (4 March 2016)."Women's protection act challenged in Federal Shariat Court".DAWN.COM.Retrieved28 April2022.
  11. ^"Federal Shariat Court validates test-tube babies conditionally".23 February 2017. Archived fromthe originalon 23 February 2017.Retrieved28 April2022.
  12. ^"Federal Shariat Court declares test tube babies legal".The Express Tribune.21 February 2017.Retrieved28 April2022.
  13. ^abc"Sitting Judges – Federal Shariat Court of Pakistan".25 November 2017.Retrieved28 April2022.
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Further reading

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Retrieved from "https://en.wikipedia.org/w/index.php?title=Federal_Shariat_Court&oldid=1233114463"