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Encyclopedia > Federal Shariat Court of Pakistan
Pakistan

This article is part of the series:
Politics and government of
Pakistan
Image File history File links Emblem_Pakistan. ... In recent history, the Pakistani political processes have taken place in the framework of a federal republic, where the system of government has at times been parliamentary, presidential, or semi-presidential. ...



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The Federal Shariat Court of Pakistan consists of 8 muslim judges including the Chief Justice. These Judges are appointed by the President of Pakistan choosing from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Haziq-ul-Khairi is the Chief Justice of FSC. The President of Pakistan (Urdū: صدر مملکت Sadr-e-Mamlikat) is Head of State of Pakistan. ... Pervez Musharraf (Urdu: پرويز مشرف) (born August 10, 1943) is the President of Pakistan, the Chief of Army Staff of the Pakistan Army and the fourth Pakistani General to govern the country in the wake of a coup. ... The Prime Minister of Pakistan (Urdu: وزیر اعظم Wazir-e- Azam) is the Head of Government of Pakistan. ... Shaukat Aziz (Urdu:: شوکت عزیز) (born March 6, 1949 in Karachi, Pakistan) is the current Prime Minister and Finance Minister of Pakistan. ... Bold text Majlis-e-Shoora (Urdu: مجلس شوری) (Council of Advisors in Urdu, although referred to as Parliament) is the bicameral federal legislature of Pakistan that consists of the Senate (upper house) and the National Assembly (lower house). ... The Senate of Pakistan is the upper House of the bicameral Parliament of Pakistan. ... The current Chairman of the Senate is Muhammad Mian Soomro An Introduction Senate History & Introduction The 1970 Assembly framed the 1973 Constitution which was passed on 12th April and promulgated on 14th August 1973. ... The National Assembly is the lower house of the bicameral Parliament of Pakistan. ... These are the names of Speakers and Presidents of the National Assembly of Pakistan. ... These are the names of deputy speakers of the National Assembly of Pakistan. ... The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges. ... The Supreme Court (Urdu: عدالت اعظمیٰ ) is the apex court in Pakistans judicial hierarchy, the final arbiter of legal and constitutional disputes. ... The Chief Justice of Pakistan heads the Supreme Court of Pakistan. ... The Chief Justice heads the Federal Shariat Court of Pakistan. ... At the national level, Pakistan elects a bicameral legislature, the Parliament of Pakistan, which consists of a directly-elected National Assembly of Pakistan and a Senate whose members are chosen by elected provincial legislators. ... General elections will be held in Pakistan in late 2007. ... Political parties in Pakistan lists political parties in Pakistan. ... The Pakistan Muslim League (Q), or PML-Q, is a centrist political party in Pakistan, dervied from the original Pakistan Muslim League which had laid foundation of the state of Pakistan. ... The Pakistan Peoples Party (PPP) (Urdu: پاکستان پیپلز پارٹی ) is a mainstream centre-left political party in Pakistan. ... This article or section does not adequately cite its references or sources. ... Muttahida Qaumi Movement (Urdu: متحدہ قومی موومنٹ) generally known as MQM or simply Muttahida, is the third largest political Party in Pakistan. ... The Pakistan Muslim League (N) is a political party in Pakistan. ... Political parties in Pakistan lists political parties in Pakistan. ... Currently, Pakistan is subdivided into four provinces, two territories, and also portions of Kashmir that are administered by the Pakistani government. ... The Provincial Governors is the head of the province in Pakistan. ... Balochistan is the largest province of Pakistan. ... The Government of North West Frontier Province (NWFP) is in Peshawar, the provincial capital of the North-West Frontier Province, Pakistan. ... ... Government of Sindh is based in Karachi, Sindh, Pakistan. ... For the capital of Pakistan, see Islamabad. ... The Federally Administered Tribal Areas (FATA) are areas of Pakistan outside the four provinces, comprising a region of some 27,220 km² (10,507 mi²). // The FATA are bordered by: Afghanistan to the west with the border marked by the Durand Line, the North-West Frontier Province and the Punjab... The State of Azad Kashmir Jammu and Kashmir (Urdu: ), usually shortened to Azad Kashmir (literally free Kashmir), is part of the Pakistani-administered section of the Kashmir region, along with the Northern Areas; its official name is Azad Jammu and Kashmir. ... This article details only the area administered by Pakistan. ... The Districts of Pakistan form the third tier of government in Pakistan, ranking as subdivisions of the provinces of Pakistan. ... News Sites DAWN English Daily The News International The Daily Times Business Recorder - Leading financial daily Pakistan News Services Urdu Daily News for Pakistan Following is a list of the major cities in Pakistan organized by subnational entities: // Bagh Bhimber Kotli Mirpur Muzaffarabad Plandri Rawlakot Main listing: List of cities... Pakistan is the second largest Muslim country in terms of population, and its status as a declared nuclear power, being the only Islamic nation to have that status, plays a part in its international role. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... There is also a collection of Hadith called Sahih Muslim A Muslim (Arabic: مسلم, Persian: Mosalman or Mosalmon Urdu: مسلمان, Turkish: Müslüman, Albanian: Mysliman, Bosnian: Musliman) is an adherent of the religion of Islam. ... The President of Pakistan (Urdū: صدر مملکت Sadr-e-Mamlikat) is Head of State of Pakistan. ... The Supreme Court (Urdu: عدالت اعظمیٰ ) is the apex court in Pakistans judicial hierarchy, the final arbiter of legal and constitutional disputes. ... This article does not cite any references or sources. ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme...


Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President. Ulema (, translit: , singular: , translit: , scholar) (Islamic clergy) refers to the educated class of Muslim scholars engaged in the several fields of Islamic studies. ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...


The FSC, on its own motion or through petition by a citizen or a government (federal or provincial), has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions of Islam. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If a certain provision of law is declared to be repugnant to the injunctions of Islam, the government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam. For people named Islam, see Islam (name). ...


The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure. Hudud ( Arabic , also transliterated hadud, hudood; plural for hadd, , limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour and the punishments for serious crimes. ...


Eversince its establishment in 1980, the Federal Shariat Court has been the subject of criticism and controversy in the society. Created as an islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.


In the past, this court was used as a refuge for the recalcitrant judges. And whereas some of its judgments, particularly the ones which relying on the Islamic concept of equity, justice and fair play, expanded and enlarged the scope and contents of individual’s rights were commended, others that tend to restrict the rights of women, are severely criticised and deplored. In brief there is a need for a serious discussion on the status, utility and functions of this Court.


Reform proposal

According to a Washington Times editorial:

President Pervez Musharraf of Pakistan is challenging his country's version of that law. He deserves praise far and wide for the effort. The proposal, due to be submitted shortly to the National Assembly, would remove the crime of rape from Hudood law -- introduced in 1979 by then-President Zia ul-Haq -- and place it under Pakistan's coexistent and overlapping secular penal code which derives from British common law. It would end the requirement of male eyewitnesses; increase the burden of proof against persons accusing a woman of adultery; proscribe the death penalty in cases of gang rape; make it a crime to publish the name of a rape victim; criminalize sex with a girl under the age of 16; and introduce a prison sentence of up to 25 years for the crime of trafficking in women for purposes of prostitution. [1]

Pervez Musharraf (Urdu: پرويز مشرف) (born August 10, 1943) is the President of Pakistan, the Chief of Army Staff of the Pakistan Army and the fourth Pakistani General to govern the country in the wake of a coup. ... The Hudood Ordinance (Urdu: حدود مسودہ ) was a law in Pakistan, that was abolished in 2006. ... Gen. ... For the domesticated crop plant called rape, see rapeseed. ... A poster from the Canadian Department of Justice Trafficking in human beings is the commercial trade (smuggling) of human beings, who are subjected to involuntary acts such as begging, sexual exploitation (eg. ...

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