ENGLISH-THE JUDICIAL REVIEW BETWEEN THE CONSTITUTION OF PAKISTAN AND THE ISLAMIC LEGAL SYSTEM

  • Abdul Samad Shaikh Assistant Professor, The International Islamic University, Islamabad, Pakistan. https://orcid.org/0000-0001-5721-266X
  • Basheer Ahmed Dars Faculty Member. Mehran University, SZAB Campus Khiarpur Mir’s , Sindh, Pakistan. https://orcid.org/0000-0003-4664-9633
  • Arshad Munir Associate Professor/Chairperson, Department of Islamic Studies University of Gujrat, Punjab, Pakistan.
Keywords: Pakistan ,Judicial , The Islamic, Legal, System

Abstract

It is difficult to declare a human mental effort to be the final and completely errorless which has no possibility of any flaw and mistake. There are lot of factors which are supposed to be considered to issue a judicial ruling or verdict. Some time it does happen that a judge misses one of these decisive factors which play a pivotal role to give an acute judgment in a case. That is why we see in the modern legal system that a litigant has an option of appeal or review to reach to the actual fact and the right decision. This is the one aspect of judicial review, the second one is that which is against of the administrative action of a state which makes individuals suffer and deprive from their inalienable fundamental rights. So by the notion of judicial review, they can challenge state's decision in higher courts. Relying on this basic need of general public and like a modern state, the constitution of Pakistan has provisions like articles 184(3), 188, 199 and 203E(9) which give the power to the higher courts to review a petition filed against an action of a person or legal authority or legislation of a competent authority or a lower court's decision, if the action, legislation or decision is not in conformity with the basic structure or fundamental character of the constitution the high court can nullify it. The Islamic Legal System has the basic concept of decision's reversal which is the end-result of judicial review if the decision was ruled out by a non-qualified judge or the judge was biased while the issuing of verdict or the decision was in contradiction with the general theme of Quran and Sunnah. These are three basic grounds of judicial review in Islamic legal system. In this article, I will discuss the notion of judicial review and its scope to protect the rights of individuals in perspective of constitution of Pakistan and the Islamic Legal System.

Published
2018-07-06
Section
Articles