Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 2 A and the Objectives Resolution

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The incorporation of the Objectives Resolution as a substantive part of the Constitution triggered a new wave of petitions to Pakistan's superior courts attempting to invalidate laws on the basis of repugnance of laws. It was also used by judges to bolster their reliance on Islamic law in the interpretation of statutes. Justice Zullah, who was the main proponent of the Islamic interpretation doctrine, relied on the new Article 2-A in the case of Mian Aziz A. Sheikh v. Commissioner, Income Tax. The incorporation of Article 2-A created a deep division in Pakistan's superior courts unprecedented in the country's legal history. The trend of Pakistani courts to use Article 2-A in the interpretation of statutes continued unabated despite the restraint urged by the Supreme Court in the cases of Kaneez Fatima and Hakim Khan. Ostensibly, there seems little reason for the Federal Shariat Court to consider Article 2-A.

Keywords: Article 2-A; Federal Shariat Court; Hakim Khan; Islamic law; Kaneez Fatima; objectives resolution; Pakistan's superior courts



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Role of Islam in the Legal System of Pakistan — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation