Federal Shariat Court
203A
The provisions or this Chapter shall have
effect notwithstanding anything contained in
the Constitution.
203B
In this Chapter, unless there is anything
repugnant in the subject or context
[(a) "Chief Justice" means, Chief Justice of
the Court;]
(b) "Court" means the Federal Shariat Court
constituted in pursuance of Article 203C;
[(bb) "judge" means judge of the Court;]
(c) "law" includes any custom or usage
having the force of law but does not include
the Constitution, Muslim Personal Law, any
law relating to the procedure of any Court
or tribunal or, until the expiration of
[ten] years from the commencement of this
Chapter, any fiscal law or any law relating
to the levy and collection of taxes and fees
or banking or insurance practice and
procedure; and
203C
(1) There shall be constituted for the
purposes of this Chapter a court to be
called the Federal Shariat Court.
[(2) The Court shall consist of not more
than eight Muslim [Judges], including the
[Chief Justice], to be appointed by the
President.]
[(3) The Chief Justice shall be a person who
is, or has been, or is qualified, to be, a
Judge of the Supreme Court or who is or has
been a permanent Judge of a High Court.
(3A) Of the Judges not more than four shall
be persons each one of whom is, or has been,
or is qualified to be, a Judge of a High
Court and not more than three shall be ulema
who are well- versed in Islamic law.]
(4) The [Chief Justice] and a [Judge] shall
hold office for a period not exceeding three
years, but may be appointed for such further
term or terms as the President may
determine:
Provided that a Judge of a High Court shall
not be appointed to be a Judge for a period
exceeding [two years] except with his
consent and[204][, except where the Judge
is, himself the Chief Justice,] after
consultation by the President with the Chief
Justice of the High Court.
[(4A) The [Chief Justice], if he is not a
Judge of the Supreme Court, and a [Judge]
who is not a Judge of a High Court, may, by
writing under his hand addressed to the
President, resign his office.]
[(4B) The President may, at any time, by
order in writing,
(a) modify the term of appointment of a
Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other
functions as the President may deem fit; and
pass such other order as he may consider
appropriate.
Explanation: In this clause and clause (4C),
"Judge" includes Chief Justice.
(4C) While he is performing the functions
which he is required under clause (4B) to
perform or holding any other office assigned
to him under that clause, a Judge shall be
entitled to the same salary, allowances and
privileges as are admissible to the Chief
Justice or, as the case may be, Judge of the
Court.]
(5) A Judge of a High Court who does not
accept appointment as a [Judge] shall be
deemed to have retired from his office and,
on such retirement, shall be entitled to
receive a pension calculated on the basis of
the length of his service as Judge and total
service, if any, in the service of Pakistan.
(6) The Principal seat of the Court shall be
at Islamabad, but Court may from time to
time sit in such other places in Pakistan as
the [Chief Justice] may, with the approval
of the President, appoint.
(7) Before entering upon office, the [Chief
Justice] and a [Judge] shall make before the
President or a person nominated by him oath
in the form set out in the Third Schedule.
(8) At any time when the [Chief Justice] or
a [Judge] is absent or is unable to perform
the functions of his office the President
shall appoint another person qualified for
the purpose to act as [Chief Justice] or, as
the case may be, [Judge].
(9) A [Chief Justice] who is not a Judge of
the Supreme Court shall be entitled to the
same [remuneration], allowances and
privileges as are admissible to a Judge of
the Supreme Court and a [Judge] who is not a
Judge of a High Court shall be entitled to
the same [remuneration], allowances and
privileges as are admissible to a Judge of a
High Court [:]
Provided that where a Judge is already
drawing a pension for any other post in the
service of Pakistan, the amount of such
pension shall be deducted from the pension
admissible under this clause.]
203D
(1) The Court may, [either of its own motion
or] on the petition of a citizen of Pakistan
or the Federal Government or a Provincial
Government, examine and decide the question
whether or not any law or provision of law
is repugnant to the injunctions of Islam, as
laid down in the Holy Quran and Sunnah of
the Holy Prophet, hereinafter referred to as
the Injunctions of Islam.
[(1A) Where the Court takes up the
examination of any law or provision of law
under clause (1) and such law or provision
of law appears to it to be repugnant to the
Injunctions of Islam, the Court shall cause
to be given to the Federal Government in the
case of a law with respect to a matter in
the Federal Legislative List or the
Concurrent Legislative List, or to the
Provincial Government in the case of a law
with respect to a matter not enumerated in
either of those Lists, a notice specifying
the particular provisions that appear to it
to be so repugnant, and afford to such
Government adequate opportunity to have its
point of view placed before the Court.]
(2) If the Court decides that any law or
provision of law is repugnant to the
Injunctions of Islam, it shall set out in
its decision:
(a) the reasons for its holding that
opinion; and
(b) the extent to which such law or
provision is so repugnant; and specify the
day on which the decision shall take
effect[:]
[Provided that no such decision shall be
deemed to take effect before the expiration
of the period within which an appeal
therefrom may be preferred to the Supreme
Court or, where an appeal has been so
preferred, before the disposal of such
appeal.]
(3) If any law or provision of law is held
by the Court to be repugnant to the
Injunctions of Islam,
(a) the President in the case of a law with
respect to a matter in the Federal
Legislative List or the Concurrent
Legislative List, or the Governor in the
case of a law with respect to a matter not
enumerated in either of those Lists, shall
take steps to amend the law so as to bring
such law or provision into conformity with
the Injunctions of Islam; and
(b) such law or provision shall, to the
extent to which it is held to be so
repugnant, cease to have effect on the day
on which the decision of the Court takes
effect.
203DD
(1) The Court may call for and examine the
record of any case decided by any criminal
court under any law relating to the
enforcement of Hudood for the purpose of
satisfying itself as to the correctness,
legality or propriety of any finding,
sentence or order recorded or passed by, and
as to the regularity of any proceedings of,
such court and may, when calling for such
record, direct that the execution of any
sentence be suspended and, if the accused is
in confinement, that he be released on bail
or on his own bond pending the examination
of the record.
(2) In any case the record of which has been
called for by the Court, the Court may pass
such order as it may deem fit and may
enhance the sentence:
Provided that nothing in this Article shall
be deemed to authorize the Court to convert
a finding of acquittal into one of
conviction and no order under this Article
shall be made to the prejudice of the
accused unless he has had an opportunity of
being heard in his own defense.
(3) The Court shall have such other
jurisdiction as may be conferred on it by or
under any law.]
203E
(1) For the purposes of the performance of
its functions, the Court shall have the
powers of a civil court trying a suit under
the Code of Civil Procedure, 1908 (Act V of
1908), in respect of the following matters,
namely:
(a) summoning and enforcing the attendance
of any person and examining him on oath;
(b) requiring the discovery and production
of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination
of witnesses or documents.
(2) The Court shall have power to conduct
its proceedings and regulate its procedure
in all respects as it deems fit.
(3) The Court shall have the power of a High
Court to punish its own contempt.
(4) A party to any proceedings before the
Court under clause (1) of Article 203D may
be represented by a legal practitioner who
is a Muslim and has been enrolled as an
advocate of a High Court for a period of not
less than five years or as an advocate of
the Supreme Court or by a juries consult
selected by the party from out of a panel of
juries consults maintained by the Court for
the purpose.
(5) For being eligible to have his name
borne on the panel of juries consults
referred to in clause (4), a person shall be
an Aalim who, in the opinion of the Court,
is well- versed in Shariat.
(6) A legal practitioner or juries consult
representing a party before the Court shall
not plead for the party but shall state,
expound and interpret the Injunctions of
Islam relevant to the proceedings so far as
may be known to him and submit to the Court
a written statement of his interpretation of
such Injunctions of Islam.
(7) The Court may invite any person in
Pakistan or abroad whom the Court considers
to be well-versed in Islamic law to appear
before it and render such assistance as may
be required of him.
(8) No court- fee shall be payable in
respect of any petition or application made
to the Court under [Article 203D.]
[(9) The Court shall have power to review
any decision given or order made by it.]
203F
(1) Any party to any proceedings before the
Court under Article 203D aggrieved by the
final decision of the Court in such
proceedings may, within sixty days of such
decision, prefer an appeal to the Supreme
Court
[Provided that an appeal on behalf of the
Federation or of a Province may be preferred
within six months of such decision.]
(2) The provisions of clauses (2) and (3) of
Article 203D and clauses (4) to (8) of
Article 203E shall apply to and in relation
to the Supreme Court as if reference in
those provisions to Court were a reference
to the Supreme Court.
[(2A) An appeal shall lie to the Supreme
Court from any judgment, final order or
sentence of the Federal Shariat Court-
(a) if the Federal Shariat Court has on
appeal reversed an order of acquittal of an
accused person and sentenced him to death or
imprisonment for life or imprisonment for a
term exceeding fourteen years; or, on
revision, has enhanced a sentence as
aforesaid; or
(b) if the Federal Shariat Court has imposed
any punishment on any person for contempt of
the Court.
(2B) An appeal to the Supreme Court from a
judgment, decision, order or sentence of the
Federal Shariat Court in a case to which the
preceding clauses do not apply shall lie
only if the Supreme Court grants leave to
appeal.]
[(3) For the purpose of the exercise of the
jurisdiction conferred by this Article,
there shall be constituted in the Supreme
Court a Bench to be called the Shariat
Appellate Bench and consisting of,
(a) three Muslim Judges of the Supreme
Court; and
(b) not more than two Ulema to be appointed
by the President to attend sittings of the
Bench as ad- hoc members thereof from
amongst the Judges of the Federal Shariat
Court or from out of a panel of Ulema to he
drawn up by the President in consultation
with the Chief Justice.
(4) A person appointed under paragraph (b)
of clause (3) shall hold office for such
period as the President may determine.
(5) Reference in clauses (1) and (2) to
Supreme Court shall be construed as a
reference to the Shariat Appellate Bench.
(6) While attending sittings of the Shariat
Appellate Bench, a person appointed under
paragraph (b) of clause (3) shall have the
same power and jurisdiction, and be entitled
to the same privileges, as a Judge of the
Supreme Court and be paid such allowances as
the President may determine.]
203G
Save as provided in Article 203F, no court
or tribunal, including the Supreme Court and
a High Court, shall entertain any proceeding
or exercise any power or jurisdiction in
respect of any matter within the power or
jurisdiction of the Court.
[203GG
Subject to Article 203D and 203F, any
decision of the Court in the exercise of its
jurisdiction under this Chapter shall be
binding on a High Court and on all courts
subordinate to a High Court.]
203H
(l) Subject to clause (2) nothing in this
Chapter shall be deemed to require any
proceedings pending in any court or tribunal
immediately before the commencement of this
Chapter or initiated after such
commencement, to be adjourned or stayed by
reason only of a petition having been made
to the Court for a decision as to whether or
not a law or provision of law relevant to
the decision of the point in issue in such
proceedings is repugnant to the Injunctions
of Islam; and all such proceedings shall
continue, and the point in issue therein
shall be decided, in accordance with the law
for the time being in force.
(2) All proceedings under clause (1) of
Article 203B of the Constitution that may be
pending before any High Court immediately
before the commencement of this Chapter
shall stand transferred to the Court and
shall be dealt with by the Court from the
stage from which they are so transferred.
(3) Neither the Court nor the Supreme Court
shall in the exercise of its jurisdiction
under this Chapter have power to grant an
injunction or make any interim order in
relation to any proceedings pending in any
other court or tribunal.
203J
(1) The Court may, by notification in the
official Gazette, make rules for carrying
out the purposes of this Chapter.
(2) In particular, and without prejudice to
the generality of the foregoing power, such
rules may make provision in respect of all
or any of the following matters, namely: -
a) the scale of payment of honorarium to be
made to juries consults, experts and
witnesses summoned by the Court to defray
the expenses, if any, incurred by them in
attending for the purposes of the
proceedings before the Court;
(b) the form of oath to be made by a juries
consult, expert or witness appearing before
the Court[;]
[(c) the powers and functions of the Court
being exercised or performed by Benches
consisting of one or more members
constituted by the Chief Justices;
(d) the decision of the Court being
expressed in terms of the opinion of the
majority of its members or, as the case may
be, of the members constituting a Bench; and
(e) the decision of cases in which the
members constituting a Bench are equally
divided in their opinion.]
(3) Until rules are made under clause (1),
the SHARIAT Benches of Superior Courts
Rules, 1979, shall, with the necessary
modifications and so far as they are not
inconsistent with the provisions of this
Chapter, continue in force.]
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