Legal System Of Pakistan | Law Test #pakistan #lawstudents #lawlectures #lawnotes #legalsystems

Legal System of Pakistan
The legal system of Pakistan is a hybrid system, combining elements of Islamic law (Sharia) and the common law system inherited from the British colonial period. It is based on the Constitution of 1973, which is the supreme law of the country, and it guides the structure, powers, and responsibilities of the state and its institutions.

Key Components:
Constitutional Law
The Constitution of Pakistan 1973 is the highest legal authority.
It outlines the fundamental rights of citizens, the functioning of the executive, legislature, and judiciary, and the separation of powers among them.
Islamic Law (Shariah)
Islam plays a central role in Pakistan's legal framework.
Laws must conform to the teachings of the Quran and Sunnah.
Special courts like the Federal Shariat Court ensure that laws are consistent with Islamic principles.

Common Law System

Pakistan follows many principles of the English common law system, including case law (judicial precedents).
Courts often refer to past decisions for guidance, especially in civil and criminal matters.
Judiciary
Pakistan has a three-tiered judiciary:
Supreme Court (highest court)
High Courts (one in each province and Islamabad)
District and Session Courts (lower courts)
Special courts and tribunals, such as anti-terrorism courts, accountability courts, and family courts, deal with specific types of cases.
Legislation
Laws are made by the Parliament (National Assembly and Senate) and provincial assemblies.
Ordinances and executive orders can also temporarily carry the force of law.
Customary Law
In rural areas, traditional dispute resolution systems like Jirgas and Panchayats still play a role, although they are not officially recognized under the formal legal system.

Important Features:
Fundamental Rights are guaranteed by the Constitution.
The judiciary is independent, though historically there have been periods of political influence.
Islamic provisions affect family law, criminal law (Hudood Ordinances), and banking (Islamic finance).

Conclusion
Pakistan’s legal system is a unique blend of Islamic principles, British common law traditions, and modern constitutionalism. It continues to evolve with ongoing reforms, balancing between tradition, religious values, and the needs of a modern democratic state.

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