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The Islamisation of Laws in Practice II

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Chapter Summary

In May 1980, the Shariat Benches were dissolved and their jurisdiction was assumed by the newly founded Federal Shariat Court. The analysis of the case law of the shariat courts offered in this chapter attempts to differentiate between the substantive and the jurisdictional issues, although at times it proved more convenient to mention the outcome of a case on the substantive issues while focusing on its jurisdictional dimensions. However, jurisdictional issues did not only manifest themselves in relation to Muslim family law and un-Islamic ' customs'. Article 203-B excluded not only Muslim personal law but also 'fiscal law' from the jurisdiction of the Federal Shariat Court. The exclusion of certain laws from being judicially reviewed either on the basis of fundamental rights or at all is a peculiar feature of Pakistani constitutional law.

Keywords: federal shariat court; fiscal laws; jurisdictional dimension; Muslim family law; Muslim personal law; Pakistani constitutional law; shariat benches



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