The law of Pakistan is the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

and legal system existing in the

Islamic Republic of Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...

. Pakistani law is based upon the legal system of

British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...

; thus ultimately on the common law of England and Wales.

History

Following the establishment of the

Dominion of Pakistan Between 14 August 1947 and 23 March 1956, Pakistan was an independent federal dominion in the Commonwealth of Nations, created by the passing of the Indian Independence Act 1947 by the British parliament, which also created the Dominion of ...

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. The founder of Pakistan, Muhammad Ali Jinnah had a vision regarding the law of Pakistan, to implement a system in accordance to Islamic teachings, but it was never fulfilled. This vision, however, did have a lasting effect on later Pakistani lawmakers. During the reign of General

Muhammad Zia-ul-Haq General Muhammad Zia-ul-Haq HI, GCSJ, ร.ม.ภ, (Urdu: ; 12 August 1924 – 17 August 1988) was a Pakistani four-star general and politician who became the sixth President of Pakistan following a coup and declaration of martial law in ...

, elements of Islamic Sharia law were incorporated into Pakistani law, leading to the institution of a

Federal Shariat Court The Federal Shariat Court (FSC) is a constitutional court of the Islamic Republic of Pakistan, which has the power to examine and determine whether the laws of the country comply with Sharia law. The court was established in 1980 during the gove ...

(FSC). In some Federally and

Provincially Administered Tribal Areas The Provincially Administered Tribal Area (PATA) was the former administrative subdivision of Pakistan designated in the Article 246(b) of the Constitution of Pakistan. No Act of Provincial Assembly can be applied to PATA whereas the Governor of th ...

FATA) and (PATA) a system of law employing traditional methods, which persists at the local level. At this informal level, disputes are settled by a

jirga A jirga ( ps, جرګه, ''jərga'') is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtuns, Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of oth ...

, a council of tribal elders.

Influences

The political ideology was largely sculpted by the likes of individuals such as Muhammad Ali Jinnah, the founder of Pakistan – while studying law at Lincoln's Inn in London, he became an admirer of British liberalism. It was these influences that led to the Pakistani common law being based upon the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

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 A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...

and the concept of '' stare decisis''. However Pakistan differs from the classic common law in many ways. Firstly both the criminal and civil laws are almost completely codified, a legacy from the days of the

British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was him ...

, when English laws were extended to India by ways of statute. 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". In constitutional law matters Pakistani jurisprudence has been greatly influenced by the

United States legal system The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...

, Pakistan has adopted a US-style Federal Structure.

Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...

and traditional

-based law has also influenced the country's judicial development... .

References

External links

*
Movement for Rule of Law
', Related to Lawyers Movement Pakistan. {{Authority control

History

Influences

See also

References

External links