Federal Shariat Court (عدالتِ شرعیہ)
Definition and Meaning
The Federal Shariat Court (FSC) is a judicial body in Pakistan, instituted in 1980, aimed at ensuring that laws conform to Islamic injunctions as prescribed in the Quran and Sunnah. It holds appellate jurisdiction over lower court decisions in cases dealing with Islamic law, and exclusive jurisdiction to examine and review laws for their compliance with Islam.
Etymology and Origins
The term “Shariat” is derived from the Arabic word “شريعة” (sharīʿah), referring to the divine law as given in the Quran and the Hadith. “Federal” denotes an entity functioning at the national level within Pakistan’s federal structure, while “Court” signifies its role as a judicial body.
Historical Background and Establishment
The Federal Shariat Court came into being under President Zia-ul-Haq’s Islamization scheme which aimed at aligning Pakistan’s legal system with Islamic principles. Established in 1980, the court was a response to growing demands for a legal system that reflects Islamic values and provides a mechanism for the interpretation of laws based on Islam. From 1980 to 1987, the FSC amended or changed approximately 500 laws to comply with Islamic principles.
Developments and Modifications
The court’s operations were modified twenty-eight times between 1980 and 1985 through twelve presidential ordinances. Moreover, its mandate significantly shifted after 1985 when parliament began to assume more responsibilities through the passage of “shariat bills.”
Cultural Context and Impact
The court’s role has been both celebrated and critiqued. It represented a significant move toward institutional Islamization, reflecting cultural, legal, and religious shifts within Pakistan. However, it also sparked debates about the influence of religion on law and the balance between traditional jurisprudence and modern state governance.
Synonyms and Related Terms
- Sharia Law Court: A court that decides based on Sharia (Islamic law).
- Islamic Judiciary: Judicial bodies or courts operating under Islamic legal principles.
- Ul-Qada: Arabic term for judicial authorities in Islamic law.
- Comparative Terms:
- Supreme Court (قائي المحكمة): Highest judicial body in several countries, including Pakistan.
- Qadi Court (محكمة قاضي): Traditional Islamic courts managed by a Qadi (Islamic judge).
Exciting Facts
- The FSC frequently deals with cases involving criminal, financial, and family law.
- Its establishment marked a significant period in Pakistan’s history known as the Islamization period under Zia-ul-Haq.
- Its rulings can influence the legal procedures of the lower courts and legislature in Pakistan.
Quotations
“The Federal Shariat Court symbolizes a nation’s stride towards embedding spirituality within legality, ensuring that laws align with faith.” – Iqbal Husain
Suggested Literature and Resources
- Islamic Law in Pakistan: Shariah and Modernity by Grace Bunt and Usman Ahmed
- The Concept of Sharia and the FSC by Abdul Haque Ansari
- Judicial Review in Islamic States: Theory and Practice by Amina Al-Fatihi
- The Modernization of Islam and the Shariat Courts in Pakistan by Fazlur Rahman
- Online Journal: Islamabad Law Review
Quizzes
Farewell from your embarking on an enlightening journey in understanding how Islamic principles shape the judiciary! For deeper exploration, peruse the suggested literature and continue unraveling the dynamic interface between religion and law.
— Fatima Al-Zubair, October 2023
