Legal System of

Pakistan
Presented by : FIZA BATOOL (5026)
FAHAMA ALI (5010)
ANEEZA SHAFQAT(5030)

Session : 2023-2028

Presentened to : SIR AZEEM FAROOQI

 Table of content
1. Intoduction
2. History and evolution
3. Features of the legal system
• Islamic character
• Recogniction and enforcement of fundamental rights
• Directive principles of state policy
• supremecy of constitution and law
• independence of judicary and court system
• double implementation
4. Adminstation of law and justices
5. Challenges in implementation
6. Landmark cases of PAKISTAN
7 .Future of PAKISTAN’S LEGAL SYSTEM
• ARTICLES
8. CONCLUSION
Legal System of
Pakistan
Pakistan's legal system is a unique blend of Islamic law
and common law traditions. It has evolved over time,
shaped by historical, cultural, and religious influences.
The system aims to ensure justice, protect rights, and
maintain order in the diverse nation.
Introduction to Pakistan's
Legal System
1 Mixed Legal System
Pakistan's legal framework combines elements of Islamic law,
common law, and statutory law. This unique blend reflects the
country's historical and cultural heritage.

2 Constitutional Foundation
The Constitution of Pakistan, adopted in 1973, serves as the
supreme law. It establishes the structure of government and
fundamental rights of citizens.

3 Judicial Hierarchy
The system includes various courts, from lower courts to the
Supreme Court. Each level plays a specific role in administering
justice.
History and Evolution of Pakistan's
Legal System
1 1947: Independence
Pakistan inherited the Anglo-Saxon common law system from British
colonial rule. This formed the initial basis of its legal framework.

2 1956-1962: Constitutional Developments

The country adopted its first constitution in 1956, followed by another in
1962. These laid the groundwork for future legal reforms.

3 1973: Current Constitution

The 1973 Constitution established the current legal framework. It
emphasized Islamic principles and fundamental rights.

4 1980s-Present: Islamic Reforms

Gradual incorporation of Islamic laws and principles into the legal system,
balancing with modern judicial practices.
Features of Pakistan's Legal System
Common Law Influence Islamic Law Integration Statutory Framework

Precedent-based judicial Sharia law influences Numerous acts and

decisions play a crucial role. personal and family matters. ordinances govern specific
Lower courts are bound by The Federal Shariat Court areas of law. These cover
higher court rulings. ensures laws align with criminal, civil, and
Islamic principles. commercial matters.
Islamic Character of
Pakistan's Legal System
Constitutional Provisions
The Constitution declares Islam as the state religion. It mandates that
all laws should conform to Islamic teachings.

Sharia Courts
The Federal Shariat Court reviews laws for compliance with Islamic
principles. It can declare laws void if they contradict Islamic
teachings.

Personal Laws
Islamic law primarily governs matters of marriage, divorce, and
inheritance for Muslims. This ensures adherence to religious principles
in personal affairs.
Recognition and Enforcement of
Fundamental Rights

Equality
The Constitution guarantees equal rights and protection to all citizens, regardless of
race, religion, or gender.

Freedom of Expression
Citizens have the right to express their opinions freely, subject to reasonable restrictions.

Religious Freedom
The legal system protects the right to practice and profess any religion within the limits of law.
Directive Principles of State Policy
Social Justice
The state aims to reduce disparities in income and eliminate exploitation.
This guides policy-making and legislation.

Education
Principles emphasize free and compulsory education. The state strives to
improve literacy and educational access.

Economic Well-being
Directives focus on equitable distribution of wealth. They aim to prevent
concentration of resources in few hands.

Islamic Way of Life

The state promotes Islamic moral standards. It encourages the application
of Islamic principles in governance.
Independence of Judiciary and
Court System
Court Level Jurisdiction Appointment

Supreme Court Final appellate and Presidential appointment

constitutional matters

High Courts Appellate jurisdiction Presidential appointment

within provinces

District Courts Original jurisdiction in Provincial appointment

civil and criminal cases

Special Courts Specific matters (e.g., Varies by court

anti-corruption,
banking)
Rule of Law
1 Legal Equality 2 Due Process
The principle that all citizens, including The legal system ensures fair procedures in
government officials, are subject to the all legal matters. This includes the right to a
same laws. No one is above the law in fair trial and legal representation.
Pakistan.

3 Judicial Review 4 Transparency

Courts have the power to review and strike The legal system strives for openness in
down laws that violate the Constitution. This judicial proceedings. Public access to court
maintains checks and balances. decisions promotes accountability.
Supremacy of Constitution and Law
Constitutional Supremacy Judicial Interpretation
The Constitution is the highest law of the land. The Supreme Court has the final say in
All other laws must conform to its provisions. interpreting the Constitution. Its decisions are
binding on all courts.

Legislative Compliance Executive Accountability

Parliament must ensure that new laws align Government actions are subject to judicial
with constitutional principles. The courts can review. This ensures adherence to
strike down non-compliant laws. constitutional and legal norms.
Independence of Judiciary and Court
System
Supreme Court 1
The apex court of Pakistan, headed by
the Chief Justice. It has original,
appellate, and advisory jurisdiction. 2 High Courts
Each province has a High Court, which
supervises subordinate courts and hears
Lower Courts 3 appeals.
District and Sessions Courts, along with
specialized tribunals, form the backbone
of the judicial system.
Dual Implementation of Laws
Common Law Islamic Law

Pakistan's legal system is primarily based on Sharia law is incorporated into certain aspects
the common law tradition inherited from British of family law, inheritance, and some criminal
rule. It forms the foundation of civil and matters. The Federal Shariat Court ensures laws
criminal procedures. comply with Islamic principles.
Administration of Law and Justice

Law Enforcement Prosecution Judiciary Corrections

Police forces Public prosecutors Courts hear cases, The prison system
maintain law and present cases in interpret laws, and manages convicted
order. They court on behalf of the deliver judgments to offenders and
investigate crimes state. ensure justice. facilitates
and make arrests. rehabilitation.
emerging Challenges

1 Backlog of Cases 2 Access to Justice

The judiciary faces a massive backlog, Many citizens struggle to access legal
leading to delayed justice. services due to costs and lack of
awareness.

3 Corruption 4 Political Interference

Allegations of corruption within the legal The judiciary's independence is sometimes
system undermine public trust. compromised by political pressures.

5 Resource Constraints 6 Legal Education

Inadequate funding and infrastructure The quality of legal education varies,
hinder efficient administration of justice. affecting the competence of legal
professionals.
Landmark Case Laws in Pakistan

1 Asma Jilani v. Government of Punjab 2 Benazir Bhutto v. Federation of

(1972) Pakistan (1988)
Established the principle that courts can Affirmed the fundamental right to form
review the actions of military rulers. political parties.

3 Al-Jehad Trust v. Federation of 4 Shehla Zia v. WAPDA (1994)

Pakistan (1996)
Recognized the right to a clean environment
Strengthened judicial independence by as part of the right to life.
establishing rules for judges' appointments.

5 Sindh High Court Bar Association v. 6 Mukhtaran Mai Case (2011)

Federation of Pakistan (2009)
Highlighted issues of women's rights and
Reaffirmed the independence of the judiciary access to justice in Pakistan.
after a constitutional crisis.
The Future of Pakistan's Legal System

Education Modernization Inclusivity

Improving legal education is Embracing technology can Increasing diversity in the
crucial for developing streamline court processes legal profession will lead to a
competent future legal and improve efficiency. more representative system.
professionals.
Articles Related to
FEATURES
The Constitution of Pakistan outlines the key principles of the legal system and includes specific articles
that address the topics discussed. These articles provide a legal framework for the administration of
justice and the protection of individual rights.

• Article 4: Supremacy of Constitution

• Article 5: Islamic Ideology
• Article 8: Protection of Fundamental Rights
• Article 9: Freedom of Movement
• Article 10: Freedom of Speech
• Article 17: Right to Equality
• Article 18: Right to Life and Liberty
• Article 19: Freedom of Association
• Article 20: Freedom of Assembly
• Article 25: Right to Education
• Article 175: Appointment and Independence of Judges
• Article 184: Appellate Jurisdiction of Supreme Court
• Article 185: Original Jurisdiction of Supreme Court
• Article 188: High Courts
• Article 203: Federal Shariat Court
Conclusion
Pakistan's legal system is a complex and dynamic entity, constantly evolving to meet the
needs of a diverse and growing society. Ensuring a strong and fair legal system is crucial
for the country's stability, prosperity, and the protection of citizens' rights.

Justice for All

The legal system should strive to provide justice and equal treatment for all citizens,
regardless of their background or status.

Rule of Law
Upholding the rule of law is essential for ensuring that power is exercised within a
framework of accountability and transparency.

Protection of Rights
The legal system should safeguard fundamental rights, including freedom of speech,
religion, and assembly, to promote individual liberty.
Thankyou
Thank you for your time and interest in learning about the
legal system of Pakistan. We hope this presentation has
provided you with a comprehensive understanding of its
key aspects and challenges. We are always available to
discuss further if needed.