Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was asked to decide the substantive issue of whether a Muslim girl who has reached the age of puberty needs the consent of a male guardian (walī) … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

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  In the “Islamization of Prison Laws” judgment[1] of 2009, the Federal Shariat Court of Pakistan[2] (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.”[3] It construes the term to both include general Islamic principles and “the letter and the spirit” of said principles. This latter construction also gives the FSC … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

The Federal Sharia Court (FSC) of Pakistan has used Islamic criminal law (hudud) cases to expand its jurisdiction, in a move that has wide ranging effects for the adjudication of Islamic law in the country. One notable case[1] in which it sought to do so arose in a 2010 challenge to the constitutionality of the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

Case Study: The Shariat Appellate Bench of Pakistan and the Review of the Federal Shariat Court’s Riba Decision

In 1992, the Pakistani Federal Shariat Court (FSC) declared riba[1] un-Islamic.[2] The Shariat Appellate Bench (SAB I) of the Pakistani Supreme Court upheld this decision in 1999,[3] and stated that the government had roughly three years to bring its economic policies in line with Islamic law by eliminating all forms of interest-based banking.[4] In 2000, … Continue reading Case Study: The Shariat Appellate Bench of Pakistan and the Review of the Federal Shariat Court’s Riba Decision