Federal Shariat Court

The Federal Shariat Court of Pakistan, abbreviated as FSC, is a prestigious court

Federal Shariat Court
which has the power to examine and determine whether the laws of the country
comply with Islamic Shari'a law. This court was set up in 1980 and is located in the
federal capital, Islamabad.[2][1]

Contents
Court structure and mandate
Court's history of cases
Honourable Chief Justice and Judges
See also
References
Emblem of the Federal Shariat Court
External links
of Pakistan

Established 1980
Court structure and mandate Country Pakistan

It consists of 8 Muslim judges appointed by the President of Pakistan after Location Constitution Avenue,
consulting the Chief Justice of this Court, from amongst the serving or retired judges opposite Prime
of the Supreme Court or a High Court or from amongst persons possessing the Minister's Office -
qualifications of judges of a High Court. Justice Najmul Hassan Sheikh is the current Pakistan Islamabad
Chief Justice of the court in 2017.[1] Of the 8 judges, 3 are required to beUlema who Decisions Supreme Court of
are well versed in Islamic law. The judges hold office for a period of 3 years, which are Pakistan
may eventually be extended by the President. appealed to

Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, No. of Not more than 8
consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the positions
President. If any part of the law is declared to be against Islamic law
, the government Website Federal Shariat Court
is required to take necessary steps to amend such law appropriately
. Chief Justice

The court also exercises revisional jurisdiction over the criminal courts, deciding Currently Sheikh Najmul
Hudood cases. The decisions of the court are binding on the High Courts as well as Hassan[1]
subordinate judiciary. The court appoints its own staff and frames its own rules of Since April, 2017
procedure.

Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in the
Pakistani society. Created as an islamisation measure by the military regime of Muhammad Zia-ul-Haq 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 branch of the government.

Court's history of cases

In March 1981, the court ruled in an adultery appeal that stoning people to death was `repugnant to the injunctions of Islam,` a
decision that upset ruling General Zia ul-Haq, and Islamic revivalists. Zia ul-Haq then replaced several members of the court, and the
above-mentioned decision was reversed.[3]

In 1982, the Federal Shariat Court ruled that there is no prohibition in the Qur'an or Hadith about the judgeship of a woman nor any
restriction limiting the function of deciding disputes to men only.[4] In 2013 Ashraf Jehan became the first female justice of the
Federal Shariat Court.[5]

In 2016, Provincial Assembly of the Punjab passed a legislature, the Punjab Protection of Women against Violence Act 2016. Soon
after its passing, it was challenged inFederal Shariat Court.[6]

In February 2017, the court issued its ruling on test-tube babies and validated its use conditionally. The Nation reported, "The Federal
Shariat Court yesterday declared the option of using 'test tube baby' method for conceiving babies for the married couples having
some medical complications as lawful."[7]

The fact that lawyers make up a permanent majority of judges of the court, outnumbering Islamic ulama, has been credited with the
court finding "technical flaws in every stoning and amputation appeal that it has ever heard", preventing the carrying out of sentences
amputating limbs and killing by stoning.[3]

Coat of arms of the Flag of the Federal

Federal Shariat Court Shariat Court

Honourable Chief Justice and Judges

 Sr. Date of Former
Name of the Judge designation Date of Appointment
No Retirement Position
Lahore
Justice Sheikh Najam Judge 08-08-2014
1 High
ul Hassan Chief Justice 15-05-2017
Court
Judge
02-08-1988
Justice Fida Judge 05-07-2011 reappointed
2
Mohammad Khan 10-08-2017 reappointed
Aalim Judge

Lahore
Justice Mehmood
3 Judge 10-08-2017 High
Maqbool Bajwa
Court
Justice Syed
4 Muhammad Farooq Judge 06-02-2018 05-02-2021
Shah
5 Shaukat Ali Rakhshani Judge 06-02-2018 05-02-2021
6 Vacant
7 Vacant
8 Vacant

See also
Chief Justice of the Federal Shariat Court

References
1. CJP nominates Shariat court top judge(https://tribune.com.pk/story/1382202/cjp-nominates-shariat-court-top-
judge/), The Express Tribune (newspaper), Published 13 April 2017, Retrieved 15 November 2018
2. Federal Shariat Court of Pakistan on Encyclopedia Britannica(https://www.britannica.com/place/Pakistan/Governme
nt-and-society#ref990071), Retrieved 15 November 2018
3. Kadri, Sadakat (2012).Heaven on Earth: A Journey Through Shari'a Law from the Deserts of Ancient Arabia(http
.
s://books.google.com/?id=ztCRZOhJ10wC&printsec=frontcover&dq=Heaven+on+Earth:+A+Journey+Through+Shar
i%27a+Law#v=onepage&q=Heaven%20on%20Earth%3A%20A%20Journey%20Through%20Shari'a%20Law&f=fals
e) Macmillan. p. 229. ISBN 9780099523277.
4. Ansar Burney v. Federation of Pakistan(http://federalshariatcourt.gov.pk/Leading%20Judgements/Sh.Pet.No.K-4%2
0of%201992.pdf), PLD 1983 FSC 73–93; reaffirmed in Mian Hammad Murtaza v. Federation of Pakistan (http://www.
federalshariatcourt.gov.pk/HCJ_Judgements/Sh.Pt.No.1-L%20of%202010.pdf), PLD 2011 FSC 117
5. "Pakistan Shariat court gets first woman judge"(http://www.hindustantimes.com/world-news/pakistan-shariat-court-g
ets-first-woman-judge/article1-1167987.aspx). hindustantimes.com website. 31 December 2013 . Retrieved
15 November 2018.
6. Women's protection act challenged in FederalShariat Court (https://www.dawn.com/news/1243466), Dawn
(newspaper), Updated 4 March 2016, Retrieved 15 November 2018
7. Federal Shariat Court validates test-tube babies conditionally(http://nation.com.pk/national/22-Feb-2017/federal-sha
riat-court-validates-test-tube-babies-conditionally)
, The Nation, Published 22 February 2017, Retrieved 15 November
2018

External links
Official website
Pakistan Federal Shariat Court on worldcat.org website
Retrieved from "https://en.wikipedia.org/w/index.php?title=Federal_Shariat_Court&oldid=873468708
"

This page was last edited on 13 December 2018, at 10:47(UTC).

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