Non-Repugnancy Decisions of the Federal Shariat Court of Pakistan: An Analysis of Politico-legal Ramifications

LUMS Law Journal (7) 2020.

26 Pages Posted: 23 Oct 2019 Last revised: 28 Sep 2020

Date Written: October 13, 2019

Abstract

The Federal Shariat Court (FSC) of Pakistan is vested with an extraordinary jurisdiction to examine laws and customs having the force of law in terms of their conformity to Islamic injunctions. The role of the FSC is evaluated from the perspective of those decisions in which it has declared various laws as repugnant to Islamic injunctions. This paper brings into focus those decisions of the FSC in which laws have not been declared as repugnant to Islamic injunctions and attempts to figure out the implications of such decisions. These particular decisions, though far surpass from the decisions of repugnancy, have attracted less scholarly attention. This paper posits that the ‘non-repugnancy’ decisions strengthen the statehood and constitutional polity of Pakistan in several ways: they broadly identify a theory of legislative competence and autonomy of the state from the Islamic perspective; extend religious sanctity to laws many of which were enacted during British colonial period, and, by doing so, problematise politically motivated calls for ‘Islamisation’ of laws in Pakistan.

Keywords: Federal Shariat Court; Shariat Court; Pakistan; Islamic Law; Islamic Constitutionalism

Suggested Citation

Cheema, Shahbaz Ahmad, Non-Repugnancy Decisions of the Federal Shariat Court of Pakistan: An Analysis of Politico-legal Ramifications (October 13, 2019). LUMS Law Journal (7) 2020., Available at SSRN: https://ssrn.com/abstract=3469246 or http://dx.doi.org/10.2139/ssrn.3469246

Shahbaz Ahmad Cheema (Contact Author)

Punjab University - Law College ( email )

University Law College
University of the Punjab
Lahore, PA Punjab 54000
Pakistan

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