Federal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan was established by presidential order in 1980 with the intent to scrutinised all laws in the country that are against Islamic values. This court has a remit to examine any law that may be repugnant to the "injunctions of Islam, as laid down in the Holy Quran and the Sunnah." If a law is found to be 'repugnant', the Court is to provide notice to the level of government concerned specifying the reasons for its decision. The court also has jurisdiction to examine any decisions of any criminal court relating to the application of Islamic (hudud) penalties. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court. The Federal Shariat Court of Pakistan consists of 8 muslim judges including the Chief Justice. These Judges are appointed by the President of Pakistan, after decision is made by the Judicial Committee consisting the Chief Justice of Pakistan (Federal Shariat Court) and the Chief Justice of Pakistan . They choose from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Presently Justice Agha Rafiq Ahmed Khan is the Chief Justice of FSC.
Of the 8 judges, 3 are required to be Islamic Scolars/Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
The FSC, on its own motion or through petition by a citizen or a government (federal or provincial), has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions of Islam. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If a certain provision of law is declared to be repugnant to the injunctions of Islam, the government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
see also part vii chapter 3A,constitution of Islamic republic of Pakistan 1973. (Article 203A)
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