Judges of the Court, since its inception in 1980, armed with
the provision of the Constitution, serving the glory of Islam,
and dedicating themselves to the sacred task, laid down a sizable
body of judgments, which taken together constitute a remarkable
chapter in the history of Islamic law. The task continues as
new problems emerge and the consistent stream of fresh legislation
gives rise to new questions.
policy of the Federal Shariat Court is that the delay in the
disposal of cases may be averted. Islamic norms demand the very
prompt redressal of grievances. In fact, the concept of ‘Adl
in the Holy Qur’an and the Sunnah of the Holy Prophet
(peace be upon him) demands that there should be no delay in
the dispensation of justice. Even the Western concept is that
justice delayed is justice denied. The Judges of this Court
exercise tact, wisdom, knowledge and authority to see that the
hearing of cases may not be unreasonably delayed at the instance
of any one. To provide justice to the litigants at their doorsteps
and to hear cases filed in Bench Registries of this court at
Lahore, Karachi, Peshawar and Quetta. The Branches of this Court hold sittings at these seats.
The Rules of the Court provide for free legal representation
in cases where an appeal is filed from jail and the appellant
is not in a position to pay for the services of a lawyer irrespective
of the quantum of his sentences. Federal Shariat Court has taken
a lead in this respect as compared even to the most advanced
countries in the world. The legal representation over there
is generally provided to a pauper accused mostly through free
legal aid societies and the Courts rarely pay the bills of such
Another important feature of the working of this Court is that
no Court fee is payable either on petitions or appeals While
exercising its suo moto jurisdiction, the Court’s policy
is to take into confidence, and to associate in its working,
the lawyers, the Ulema, the social reformers, the intellectuals
and other members of the public.With this purpose in view public
notices are published in leading Newspapers of the country inviting
comments as well as representation from the citizens of Pakistan.
227 makes it incumbent that all existing laws shall be brought
in conformity with the injunctions of Islam as laid down in
the Holy Qur’an and the Sunnah of the Holy Prophet (peace
be upon him), and Chapter 3-A which pertains to the functions
and organization of Federal Shariat Court, empowers the court
and entrusts the court with the responsibility to examine and
decide the question whether or not any law or provision of law
is repugnant to the injunctions of Islam as laid down in the
Holy Qur’an and the Sunnah of the Holy Prophet (peace
be upon him).
(1) To examine any law as defined in Article 203-B(c) and decide the question
whether or not any law or provision of law is repugnant to the Injunctions
By an amendment to Article 203-D of the Constitution in 1982, the Court
was given the powers to act Suo Moto where any Law or provision
of Law appears to be repugnant to the injunction of Islam.
To exercise appellate jurisdiction, to hear and decide appeals in Hudood cases
if the sentence of imprisonment awarded by the trial Court exceeds
To confirm or pass other appropriate order about any Hadd punishment awarded
by the trial Court in Hudood laws. Until it is so confirmed,
punishment can be executed; and
To exercise revisional powers to call for any case decided by any Criminal
Court under any law in relation to the enforcement of Hudood.
and Procedure of the Court
1. For the purposes of the performance of its
functions, the court have the powers of a Civil Court trying
a suit under the Code of Civil Procedure, 1908 (Act V of 1908),
in respect of the following matters, namely:-
a) summoning and enforcing the attendance of any person and examining
him on oath;
b) requiring the discovery and production of any document;
receiving evidence on affidavits; and
d) issuing commissions for the examination of witnesses or documents.
2) The court have power to conduct its proceedings and regulate
its procedure in all respects as it deems fit.
3) The court have the power of a High Court to punish its own
4) A party to any proceedings before the court
under clause (1) of Article 203D may be represented by a legal
practitioner who is a Muslim and has been enrolled as an advocate
of a High Court for a period of not less than five years or
as an advocate of the Supreme Court or by a jurisconsult selected
by the party from out of a panel of jurisconsults maintained
by the court for the purpose.
5) For being eligible to have his name borne on the panel of
jurisconsults referred to in clause (4), a person shall be an
aalim who, in the opinion of the court, is well-versed in Shariat.
6) A legal practitioner or jurisconsult representing a party
before the court shall not plead for the party but shall state,
expound and interpret the Injunctions of Islam relevant to the
proceedings so far as may be known to him and submit to the
court a written statement of his interpretation of such injunctions
7) The court may invite any person in Pakistan or abroad whom
the court considers to be well-versed in Islamic law to appear
before it and render such assistance as may be required of him.
8) No court fee is payable in respect of any petition or application
made to the court under Article 203D.