Pakistan’s legal system is based on a combination of Islamic law (Sharia), British common law, and customary law. The Constitution of Pakistan is the supreme law of the land, and all other laws must be consistent with it. Here are some key components of Pakistan’s legal system:
1. The Constitution of Pakistan
The Constitution, first enacted in 1956 and last amended in 2018, outlines the structure of the government, the rights of citizens, and the legal framework within which laws are made and implemented. It establishes Pakistan as an Islamic Republic and ensures that no law can be enacted that contradicts the teachings of Islam.
2. Islamic Law (Sharia)
Islamic law plays a significant role in Pakistan’s legal system. The Constitution declares that all laws must be consistent with Islamic teachings. Various aspects of personal and family law, such as marriage, divorce, inheritance, and custody, are governed by Sharia. The Federal Shariat Court was established to ensure that laws comply with Islamic principles.
3. British Common Law
Pakistan inherited the common law system from British colonial rule. This system is characterized by the doctrine of precedent, where the decisions of higher courts bind lower courts. Many of Pakistan’s civil and criminal laws are based on statutes enacted during the British era, such as the Pakistan Penal Code (PPC) of 1860 and the Code of Civil Procedure of 1908.
4. Statutory Law
Statutory law consists of laws passed by the Parliament and provincial assemblies. These include a wide range of laws governing areas such as criminal justice, civil rights, commercial transactions, labor relations, and property rights.
5. Customary Law
In some regions of Pakistan, customary law still plays a role, particularly in tribal areas. These laws are based on local customs and traditions and can sometimes differ significantly from formal statutory law.
6. Judicial System
Pakistan’s judicial system is hierarchical, with the Supreme Court at the apex, followed by High Courts in each province, and lower courts, including district and session courts, civil courts, and magistrate courts. The judiciary has the power of judicial review, allowing it to strike down laws that are inconsistent with the Constitution.
7. Special Courts and Tribunals
In addition to the regular courts, Pakistan has special courts and tribunals for specific matters, such as anti-terrorism courts, military courts, and labor courts.
8. Criminal Law
Criminal law in Pakistan is primarily governed by the Pakistan Penal Code (PPC), the Code of Criminal Procedure (CrPC), and various special laws dealing with specific offenses, such as the Anti-Terrorism Act and the Hudood Ordinances (Islamic criminal laws).
9. Civil Law
Civil law in Pakistan covers matters such as contracts, property, family law, and torts. The Code of Civil Procedure provides the procedural framework for civil litigation.
10. Human Rights
Pakistan’s Constitution guarantees fundamental rights, including the right to life, freedom of speech, freedom of religion, and equality before the law. However, the protection and enforcement of these rights can vary, and there are ongoing challenges related to human rights, particularly in areas such as women’s rights, religious freedom, and freedom of the press.