The Federal Shariat Court
(FSC) of Pakistan
is a court which has the power to examine and determine whether the laws of the country comply with Shari'a
law. It consists of 8 Muslim judges appointed by the President of Pakistan
after consulting the Chief Justice of this Court, 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. Justice Agha Rafiq Ahmed Khan
is the current Chief Justice
of the court. Of the 8 judges, 3 are required to be 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.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 any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
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.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in the society. Created as an islamisation measure by the military regime and subsequently protected... Read More