Islamization of Laws in Pakistan with Special Reference to Punjab Pre-Emption Act, 1991

Abstract

This work analyzes whether or not certain important provisions of the Punjab Pre-emption Act, 1991, are in conformity with the Injunctions of Islam. In 1986, when the Supreme Court declared the Punjab Pre-emption Act, 1913, to be null and void for being repugnant to the Injunctions of Islam, a legal vacuum was created which was filled in by the promulgation of four Ordinances and subsequently the Punjab Pre-emption Act, 1991, was passed by the Punjab Assembly. Meanwhile, the Federal Shariat Court (FSC) ruled that many provisions of the 1991 Act were against the Injunctions of Islam. This work gives details of the FSC’s ruling and why were certain sections of the new Act declared to be against the Qur’an and the Sunnah – the two Constitutional sources of Islamic law in Pakistan.

Keywords: pre-emption, Islamic law, Punjab Pre-emption Act, 1991, Islamization of laws in Pakistan, Federal Shariat Court, Shariat Appellate Bench of the Supreme Court, repugnancy to Islam, Injunctions of Islam, Sources of Islamic law in Pakistan