Federal Shariat Court
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|Federal Shariat Court|
Justice Agha Rafiq Ahmed Khan, Chief Justice of the Federal Shariat Court of Pakistan
|Location||Constitution Avenue,opposite Prime Minister's Secretariat - Pakistan Islamabad|
|Composition method||Presidential with confirmation of Chief Justice of Pakistan|
|Authorized by||Constitution of Pakistan|
|Decisions are appealed to||Supreme Court of Pakistan|
|Judge term length||Till 3 years|
|Number of positions||8|
|Website||Federal Shariat Court|
Hon'ble Chief JusticeMr . Justice Agha Rafiq Ahmed Khan
|Since||Jun. 05, 2009|
The Federal Shariat Court (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in the society. Created as an islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
In 2013 Ashraf Jehan became the first female justice on the Federal Shariat Court.
Honourable Chief Justice and Judges
|Sr. No||Name of the Judge||designation||Date of Appointment||Date of Retirement||Parent High Court|
|1||Justice Agha Rafiq Ahmed Khan||Chief Justice||05-06-2009||(High Court of Sindh)|
|2||Justice Fida Muhammad Khan||Judge||05-07-2011||04-07-2014|
|3||Justice Rizwan Ali Dodani||Judge||05-07-2011||04-07-2014|
|4||Justice Muhammad Jehangir Arshad||Judge||29-03-2012||28-03-2014||(Lahore High Court)|
|5||Justice Shaikh Ahmed Farooq||Judge||29-03-2012||28-03-2014||(Lahore High Court)|
|6||Justice Shahzado Shaikh||Judge||25-04-2013||24-04-2014|
|7||Justice Ashraf Jehan||Judge||30-12-2013||29-12-2016||(High Court of Sindh)|
- Chief Justice of the Federal Shariat Court
- Agha Rafiq Ahmed Khan, the current Chief Justice of the Federal Shariat Court
- "Pakistan Shariat court gets first woman judge". Retrieved 10 January 2014.