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Article 2 A and the Objectives Resolution

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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

10.1163/ej.9789004149274.i-250.14
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