Role of the Federal Shariat Court in the Islamization of Laws in Pakistan

Abstract

The Federal Shariat Court holds a special and powerful status in the Pakistani constitutional system, as it is the main institutional tool of reviewing whether laws are in line with the injunctions of the Islamic religion. The Court was established to pursue the constitutional aim of Islamization and has thus been empowered to evaluate the legislations, quash laws that are abhorrent to the Islamic injunctions and also give directions to the legal system to conform to the Islamic norms. The article is a critique of the Federal Shariat Court in the Islamization of Pakistan laws and the context in which it has a constitutional mandate, jurisdiction, interpretation and has led to the influence of the entire legal order. It claims that the Court has been instrumental in influencing the jurisprudence of Islamization, but that its role continues to be characterized by institutional conflicts, methodological issues and still debates regarding the extent of judicial power and constitutional equilibrium.

This paper evaluates the manners in which the Federal Shariat Court has utilized its authority to call into question laws, construing of Islamic injunction, and communication with other institutions of the constitution especially the Supreme Court and Parliament. It also raises the role of the Court in promoting substantive Islamization in fields like criminal law, economic regulation and family law and also discusses the criticism made about the Court on selectivity, delays, and enforcement constraints. The article also discusses how the jurisprudence of the Court indicates larger conflicts in the attempts to unify religious standards with constitutional dominance, legislative democracy and essential rights. It concludes that although the federal Shariah Court has played a great role in the Islamization of the Pakistan legal system, its overall performance relies on the more methodological guidelines, a well-established institutional coordination, and willingness to adhere to the constitutional coherence.