Tuesday 3 September 2013

Sanctity of Islamic Law in the Courts

A wonderful law that makes the Islamic law superior over the common law. This judgement can be used in all the countries that are following both Islamic Law and Common Law Systems.

CitationName : 2000 PLD 46 QUETTA-HIGH-COURT-BALOCHISTAN

Side Appellant :FIDA HUSSAIN

Side Opponent : NAJMA

Constitution of Pakistan 1973 --- Art. 2A---Entorcement of Shariah Act (31 of 1991), S.4---Injunctions of Islam---General and common law of land---Comparison---Islamic Injunctions are not in any way subservient to the general and common law of the land--Article 2A of the Constitution read with Objectives 'Resolution and S.4 of Enforcement of Shariah Act, 1991, have always kept the Islamic law s at a higher level than other general law s of the country.