.جج کے تقرر سے متعلق قواعد فقہیہ کا پاکستانی قوانین سے تطبیق کا جائزہ

  • Hafiz Muhammed Ishaq
  • Muhammed Hamayun Abbas Shams
Keywords: Judge, Legal Maxim, Constitution of Pakistan.

Abstract

The Islam has stressed the importance of “‘ADL” in various contexts, indicating its great and deep significance in social relationships. It is the purpose and objective of all the Prophets of Allah to establish a system of justice on earth. In the early days of Islam the Prophet (PBUH) himself was the only judge among believers and non-believers. Caliph Umar bin al-Khattab was the first who separated judiciary from the executive and entrusted the Qadhis (judges) with power of deciding suits of purely civil nature. Independence of judiciary can hardly become reality unless competent judges are appointed in the judiciary. The role of a judge is very crucial and critical because he has the power to award proper punishment and also to decide civil cases on merits. To ensure the justice according to the Islam in consonance with the will of Allah, qualified, powerful and fearless persons should be appointed as judges. Because a position of judge is a trust for the benefit of public. The person appointed to it is a trustee and is accountable for the proper performance of the duties attached to such trust. The judge in the Islam enjoys full freedom and work quite independently without being influenced by any political pressure. The legal maxims are based on the fiqh itself. A legal maxim is reflective of a consolidated reading of the fiqh. Islamic Legal Maxims represent an important are of fiqh literature. Islamic legal maxim has similarity to the judicial rules in many aspects, there for I analyses the appointment of judges as a comparative study in light of Islamic legal maxim and Pakistani laws. The Constitution of the Islamic Republic of Pakistan, for instance, provides for the establishment of a judiciary which is independent from the other two branches of government. As per the wording of 1973 Constitution , The Chief Justice and the other judges of each Court are appointed by the President based on their experience and qualifications (article 193 (2))۔ I learnt after the study that a great difference and Contradiction was found between the constitution of Pakistan and Islamic legal maxim in Perspective of the appointment of judges.

Published
2020-07-30
How to Cite
Ishaq, H. M., & Shams, M. H. (2020). .جج کے تقرر سے متعلق قواعد فقہیہ کا پاکستانی قوانین سے تطبیق کا جائزہ. Al Tafseer - Biannual Journal, 36. Retrieved from http://al-tafseer.org/index.php/at/article/view/182
Section
Articles