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Further information: Court system of Pakistan

The Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales. Pakistan as an Islamic republic also has been influenced by Islamic Sharia law.

History[edit]

Upon the list of the Dominion of Pakistan in 1947 the laws of the erstwhile British Raj remained in force. At no point in Pakistan's legal history was there an intention to begin the statute book afresh. During the reign of General Muhammad Zia-ul-Haq, elements of Islamic Sharia law were incorporated into Pakistani law, leading to the institution of a Federal Shariat Court (FSC). In some Federally and Provincially Administered Tribal Areas [(FATA) and (PATA)], a system of law employing traditional methods persists at the local level. At this informal level, disputes are settled by a jirga, a council of tribal elders.[1][2]

Influences[edit]

The political ideology was largely sculpted by the likes of individuals such as Muhammad Ali Jinnah (Quaid-e Azam)- the founder of Pakistan- while studying Law at Lincoln's Inn in London, he became an admirer of British liberalism. It was the these influences that led to the Pakistani common law being based upon the common law of England and Wales. He took on the role as titular figurehead of Pakistani politics and as a result Pakistan is now a common law system, with an adversarial court procedure and follows other common law practices such as judicial precedent and the concept of stare decisis. However Pakistan differs from the classic common law in many way. Firstly both the criminal and civil laws are almost completely codified, a legacy from the days of the British Raj, when English laws were extended to India by ways of statute.[3] Jury trials have been phased out in Pakistan since independence, because of judicial and public dissatisfaction with their operation; one Pakistani judge called jury trials as "amateur justice".[citation needed] In constitutional law matters Pakistani jurisprudence has been greatly influenced by the United States legal system, Pakistan has adopted a US-style Federal Structure. Islamic law and traditional jirga-based law has also influenced the country's judicial development.

Many of the British Laws Adapted through Adaptation Acts of 1947, 1957.

References[edit]

  1. ^ Saigol, Rubina (2009). "Pakistan's Long March". Development and Cooperation (Frankfurt am Main: Frankfurter-Societät) 36 (5): 208–210. 
  2. ^ Pakistan Law
  3. ^ Imperial Gazetteer of India vol. II (1908), The Indian Empire, Historical, Published under the authority of His Majesty's Secretary of State for India in Council, Oxford at the Clarendon Press. Pp. xxxv, 1 map, 573., pp. 59–60 

External links[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Law_of_Pakistan — Please support Wikipedia.
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Wed, 13 Aug 2014 16:08:01 -0700

There is no resolution of the AIML that the Shariah will be the constitution and supreme law of Pakistan. Such a demand was made by Islamic parties after the establishment of Pakistan. Most Islamic parties dd not support the political movement for the ...
 
Khaleej Times
Mon, 18 Aug 2014 12:18:45 -0700

A BJP legislator has angrily and rhetorically asked, how could the Telengana government bestow such an honour to a “daughter-in-law of Pakistan?” Never mind that Sania has retained her Indian citizenship, plays for India and has said proudly in public, ...

Foreign Policy

Foreign Policy
Thu, 07 Aug 2014 10:13:44 -0700

A BJP leader says a Muslim tennis star should not be a brand ambassador for the state of Telangana because her marriage to a Pakistani cricketer makes her a “daughter-in-law of Pakistan?” More silence. The BJP under Modi thus remains linked to its ...

gulfnews.com

gulfnews.com
Fri, 01 Aug 2014 09:01:43 -0700

... town-crier unearthing a vile conspiracy while he itemised the grave offences she had committed in her 27 years so far — she was born in Mumbai and not in Hyderabad and she had married a Pakistani thus becoming a daughter-in-law of Pakistan. Ergo ...

Hindustan Times

Hindustan Times
Sat, 02 Aug 2014 06:08:50 -0700

How could the state government possibly give the gig to a woman who is the 'daughter-in-law of Pakistan'? Never mind that Sania has retained her Indian citizenship, still plays for India, and has announced proudly, “I am an Indian, who will remain an ...

Daily Mail

Daily Mail
Sat, 02 Aug 2014 16:25:08 -0700

... is the emergence of the right expressed in many forms from BJP MP Ramesh Bidhuri asking dissenters to "go to Pakistan," a Shiv Sena MP stuffing chapatti into a fasting Muslim's mouth, or a BJP member calling Sania Mirza, a "daughter-in-law of ...

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New York Daily News
Thu, 07 Aug 2014 04:58:23 -0700

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Free Press Journal
Sat, 02 Aug 2014 20:45:00 -0700

The same group believed Sania was ineligible for the BA honour because she was a daughter-in-law of Pakistan. One more group dug deep into Sania's tennis background and found out she was not qualified for the award. It discovered a serious issue of ...
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