Various Iinterpretations of the Word “Muslim Personal Law’’ Made by the Higher Judiciary: An Overview
Abstract
Article 227 of the constitution makes it obligatory to bring all the existing laws into conformity with Islamic injunctions and it is an obligation of the legislature to make amendments in the existing laws. The Constitution of Islamic Republic of Pakistan 1973 specifically excludes the Muslim personal law from the Jurisdiction of the Federal Shariat Court. That is why laws dealing with Muslim personal law whenever challenged before Shariah Benches or the Federal Shariat Court were dismissed for want of jurisdiction. There are various interpretations and definitions of the word “Muslim personal law “. The main objective of this work is to highlight various definitions made by higher judiciary and its arguments. The Article examines the role of higher judiciary in Islamisation of laws through interpretation of different laws. Various judgments have been examined in this regard.
Habib ur Rahman. (2020) عائلی قوانین کی تعبیر وتشریح سے متعلق اعلی عدالتوں کے فیصلوں کا تحقیقی جائزہ, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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