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    Sunday, 25 January 2015

    Federal Shariat Court, it’s Jurisdiction and Powers

    1. Introduction
    Federal Shariat Court of Pakistan is a court, which has Power to examine and determine whether Laws of the country according to Islamic injunctions or not. It consists of eight Muslim judges, and Chief Justice of this court is from these eight Judges. Chief Justice of this Court is appointed by President of Pakistan and other Judges of this court are appointed by President of Pakistan after consulting the Chief Justice of this court.


    2. Qualification
    The Chief Justice shall be a person, who is or has been or is qualified to be a Judge of the Supreme Court or who is or has been a Permanent Judge of a high Court.

    3. Tenure
    Tenure of Chief Justice and other Judges is for three years.

    4. Resignation
    The Chief Justice or judge may resign from their office by his hand writing application to the President of Pakistan.

    5. Jurisdiction of Federal Shariat Court

    Following points are important for explanation of Jurisdiction of Federal Shariat Court.

    5.1 Jurisdiction about Un-Islamic Laws
    Federal Shariat Court possesses Jurisdiction to examines whether any law or Provision of Law is against to injunctions of Islamic or not. Federal Shariat Court can exercise such Jurisdiction, either through its own motion or on petition of a citizen of Pakistan.

    5.2 Jurisdiction to decide a Law as a un-Islamic Law
    Federal Shariat court possesses Jurisdiction to decide that any law or Provision of law is repugnant to injunction of Islam.

    5.3 Jurisdiction of Revision
    Following point for jurisdiction of Revision

    5.3.1 Calling for and Examination of Record of a Case
    Federal Shariat Court can call for and examine record of any case, which has been decided by an criminal court in relation to enforcement of Hudood.

    5.3.2 Suspension of Execution of any Sentence
    While calling for and examining record of any case, which has been decided by any criminal court in relation to enforcement of Hudood, Federal Shariat Court can suspend execution of any sentence.

    5.3.3 Enhancement of any Sentence
    Federal Shariat Court can enhance sentence in any case, Record of which is called for.

    5.3.4 Release of an accused
    While calling for and examining record of any case, which has been decided by any Criminal Court in relation to enforcement of Hudood. Federal Shariat court can release an accused on bail.

    6. Power and Procedure of Federal Shariat Court

    Following point are important

    6.1 Contempt of Court
    Federal Shariat court has power to a high court to punish its own contempt.

    6.2 Power of Review
    Federal Shariat Court possesses power to review any of its own decisions or orders.

    6.3 Framing of Rules
    The Federal Shariat court can frame the Rules for the conduct of its own Proceeding.

    6.4 Opinion of an Expert
    The Federal Shariat can seek opinion of an expert on Islamic law.

    6.5 Attendance of  any Person
    Federal Shariat Court has power to summon and enforce attendance of any person.

    6.6 Discovery and Production of any Document
    Federal Shariat Court possesses power to production of documents.

    6.7 Evidence on Affidavits
    Federal Shariat court has power to receive evidence on affidavits.

    6.8 Issuing of Commissions
    Federal Shariat Court possesses Power to issue commission for examination of documents.

    6.9 No Court Fee
    No court fee is payable in respect of any petition or application, which is made to Federal Shariat Court.

    7. Conclusion

    To conclude, it can be stated that no court, tribunal, Supreme Court or High Court can exercise power or jurisdiction of Federal Shariat Court. Even a proceeding or matter, which is within power or jurisdiction of Federal Shariat Court, can not be entertained by any other court, tribunal, supreme Court or High Court. 
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    Item Reviewed: Federal Shariat Court, it’s Jurisdiction and Powers Rating: 5 Reviewed By: Usman Ali
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