The Role of the Federal Sharī‘at Court in the Islamization of Family Laws in Pakistan

Abstract

The Federal Sharī‘at Court, FSC in the Islamic Republic of Pakistan has been empowered by the Constitution of the country to examine that whether or not a certain law is in contradiction with the limits set by Islam. This function falls within the exclusive domain of the court and no other court in the country is vested with such powers that makes this court a unique one in the recent judicial history. While exercising the powers vested in it, the FSC has examined various laws related to different areas including family issues. This paper attempts to analyze the role played by the FSC in Islamizing family laws in the country such as in interpretation of the word “Muslim Personal Law”, under the Muslim Family Laws Ordinance, 1961, issues which give rise to criminal liability e.g. marriage during ‘Iddat period, Marriage between fornicators during pregnancy, the issue of paternity of  child, the issue of conversion to Islam and its effects on earlier marriage, Permission of guardian for Nikāh, the shortest period of pregnancy,  Khīyār al-Bulūgh, admission of Nikāh during trial, the issue of triple Talāq, marriage under duress and other issues that are settled by the FSC have been thoroughly analyzed. The paper has been concluded with the impression that the FSC is a unique court in the judicial history and it has played a significant role in introduction of Islamic laws in Pakistan and offered solid interpretations to various laws in order to reduce the absurdity in these laws. It has critically evaluated a considerable number of laws and directed the Government to Islamize the laws in the light of the Judgments of the Court that resulted in the Islamization of a large number of laws in the country.