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

Human Rights, Natural Justicce and Shariat Courts

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

Virtually all laws collated in the so-called 'Pakistan Code' in chronological order were examined by the Federal Shariat Court following the pattern of arrangement adopted by the Pakistan Code. The first such case, In re: The Factories Act 1934, is indicative of the general pattern of these suo moto cases. The most interesting outcome of the suo moto jurisdiction was the emergence of a set of general principles based on Islamic law which were employed to test the Islamic vires of legislation. The most surprising effect of the solitary, inquisitorial nature of the proceedings-in most cases the Federal Shariat Court did not receive any comments or input from third parties-was the emergence of a set of fundamental rights and principles of natural justice, both derived from Islamic law, against which legislation was tested. The two most important Islamic rights were the ri.

Keywords: federal shariat court; fundamental rights; Islamic law; natural justice; Pakistan code; right to equality; suo moto jurisdiction



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