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Human Rights, Natural Justicce and Shariat Courts

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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

10.1163/ej.9789004149274.i-250.48
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