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The Efect of Repugnance

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Chapter Summary

The piecemeal invalidation of the pre-emption laws of Pakistan was one of the most controversial decisions ever taken by the shariat courts, with the possible exception of the cases invalidating all laws providing for the payment of interest. A few years later, section 24 of the Land Reforms Regulation 1972, which restricted the alienation of holdings 'below the limit of an economic holding', was held to be repugnant to Islam. The purpose of the provision was to prevent the fragmentation of land into plots too small to provide subsistence for a family. The effect of the shariat courts on the shape of Pakistan's criminal laws deserves special mention. The promulgation of the Hudood Ordinances had already established significant parts of Pakistan's criminal laws on an Islamic basis. The suo moto powers of the Federal Shariat Court have not disappeared, nor has its power to review its own.

Keywords: Federal Shariat Court; land reforms regulation; Pakistan's criminal laws; pre-emption laws



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