vustudents
08-14-2012, 05:20 AM
Q. Discuss the Jurisdiction and powers of federal shariat court. (2002-A) (2004/A)
1. Introduction:
Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in the injunctions of Islam. it can give its opinion to the gov't concerned about an existing statute.
2. Relevant Provisions:
Article 203.
3. Composition:
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.
(a) Object:
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.
4. Qualification:
Out of seven judges, four should be present or former judges of high court. three of the judges are to be expert on Islamic law. such a person shall be appointed as chief justice who has been either or judge of supreme court or is a permanent judge or high court or is qualified to be appointed as a judge of supreme court.
5. Tenure:
The chief justice and other judges shall be appointed for a period of three years.
(a) Extension of Period:
The president may extend the term of their office.
6. Acting judge:
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.
7. Oath taking:
The judge shall take oath before the president.
8. Principal seat of the court:
The principal seat of the court shall be at Islamabad but court may sit in other cities.
9. Salary and facilities:
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of supreme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.
10. Jurisdiction power and function of the shariat court:
I. Review of laws against Islam:
The shariat court is against Quran and Sunnah or not. if court feels any law is against Quran and Sunnah or not. if court feels any law is against the Islam it shall give notice concerned government and give arguments and shall explain to what extent the law is repugnant no Islamic injunctions. the court shall make its decision and president shall take steps to amend the laws.
II. Revision on decisions of subordinate court:
The federal shariat court is authorized to review the judgments of criminal court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.
III. Appellate jurisdiction:
Appeal can be filed in the supreme court against the decision of the federal shariat court with in sixty days. an appeal on behalf of the federation or of a province may be preferred within six months of such decision. for the purpose of Appeal, shariat appellate bench shall be constituted in the supreme court consisting of three Muslims judges of supreme court and two Ulma shall be apppointed for this bench.
IV. Suo-Motu jurisdiction:
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.
V. Miscellaneous powers:
The federal shariat can exercise the following powers.
(i) Appearance of Person:
It can issue order to any person to appear before the court.
(ii) Production of Documents:
It can issue order for the production of any document before it.
(iii) Framing of rules:
The federal shariat court can frame the rules for the conduct of its own proceeding.
(iv) Opinion of an expert:
The federal shariat can seek opinion of an expert on Islam law.
(v) Contempt of Court:
The federal shariat court can sentence a person on the charge of contempt of the court.
(vi) Revise its own judgment:
The federal shariat court is empowered to revise its own judgment.
11. Nature of judgment of federal shariat court:
The judgments of the federal shariat court are binding on the high courts and other courts.
12. Appeal to Supreme court:
Any party aggrived with decision of court, may prefer an appeal to the supreme court within 60 days of its decision.
13. Conclusion:
To conclude I can say that; the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugnant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.
1. Introduction:
Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in the injunctions of Islam. it can give its opinion to the gov't concerned about an existing statute.
2. Relevant Provisions:
Article 203.
3. Composition:
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.
(a) Object:
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.
4. Qualification:
Out of seven judges, four should be present or former judges of high court. three of the judges are to be expert on Islamic law. such a person shall be appointed as chief justice who has been either or judge of supreme court or is a permanent judge or high court or is qualified to be appointed as a judge of supreme court.
5. Tenure:
The chief justice and other judges shall be appointed for a period of three years.
(a) Extension of Period:
The president may extend the term of their office.
6. Acting judge:
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.
7. Oath taking:
The judge shall take oath before the president.
8. Principal seat of the court:
The principal seat of the court shall be at Islamabad but court may sit in other cities.
9. Salary and facilities:
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of supreme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.
10. Jurisdiction power and function of the shariat court:
I. Review of laws against Islam:
The shariat court is against Quran and Sunnah or not. if court feels any law is against Quran and Sunnah or not. if court feels any law is against the Islam it shall give notice concerned government and give arguments and shall explain to what extent the law is repugnant no Islamic injunctions. the court shall make its decision and president shall take steps to amend the laws.
II. Revision on decisions of subordinate court:
The federal shariat court is authorized to review the judgments of criminal court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.
III. Appellate jurisdiction:
Appeal can be filed in the supreme court against the decision of the federal shariat court with in sixty days. an appeal on behalf of the federation or of a province may be preferred within six months of such decision. for the purpose of Appeal, shariat appellate bench shall be constituted in the supreme court consisting of three Muslims judges of supreme court and two Ulma shall be apppointed for this bench.
IV. Suo-Motu jurisdiction:
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.
V. Miscellaneous powers:
The federal shariat can exercise the following powers.
(i) Appearance of Person:
It can issue order to any person to appear before the court.
(ii) Production of Documents:
It can issue order for the production of any document before it.
(iii) Framing of rules:
The federal shariat court can frame the rules for the conduct of its own proceeding.
(iv) Opinion of an expert:
The federal shariat can seek opinion of an expert on Islam law.
(v) Contempt of Court:
The federal shariat court can sentence a person on the charge of contempt of the court.
(vi) Revise its own judgment:
The federal shariat court is empowered to revise its own judgment.
11. Nature of judgment of federal shariat court:
The judgments of the federal shariat court are binding on the high courts and other courts.
12. Appeal to Supreme court:
Any party aggrived with decision of court, may prefer an appeal to the supreme court within 60 days of its decision.
13. Conclusion:
To conclude I can say that; the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugnant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.