| Case ID |
1a4fc2cd-b47f-4c34-a4ce-7763b2e0b572 |
| Body |
View case body. Login to View |
| Case Number |
Shariat Appeal No. K-1 of 1981 |
| Decision Date |
Oct 26, 1983 |
| Hearing Date |
Oct 26, 1983 |
| Decision |
The appeal was dismissed due to the absence of compelling arguments against the Federal Shariat Court's ruling. The court found that the legal provisions under scrutiny were excluded from its jurisdiction, as they pertained to banking laws not subject to examination under Article 203-B. The court noted that the challenge against these laws was not competent and reaffirmed the Federal Shariat Court's authority to determine the Islamic compliance of laws. Consequently, the appeal was dismissed without any order as to costs. |
| Summary |
In the landmark case of Shariat Appeal No. K-1 of 1981, the Supreme Court of Pakistan addressed the jurisdiction of the Federal Shariat Court concerning banking laws and their compliance with Islamic injunctions. The court examined Articles 203-B, 203-C, and 203-D of the Constitution of Pakistan, which delineate the powers of the Federal Shariat Court. The case arose from a challenge to the provisions of the State Bank of Pakistan Act, Banking Companies Ordinance, and the Interests Act, which the Federal Shariat Court deemed outside its jurisdiction. The Supreme Court upheld this decision, emphasizing the exclusion of fiscal laws from the purview of Islamic scrutiny. This case underscores the balance between legal frameworks and Islamic principles in Pakistan's judiciary, highlighting ongoing debates about the role of Islamic law in state affairs. Keywords: Shariat appeal, Federal Shariat Court, Islamic injunctions, banking laws, Constitution of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
M. S. H. QURAISHI,
PIR MUHAMMAD KARAM SHAH,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
G. M. Saleem,
Anwar Ahmad Qadri
|
| Petitioners |
others,
HABIB HASAN QADRI
|
| Respondents |
another,
FEDERATION OF PAKISTAN
|
| Citations |
1984 SLD 512,
1984 SCMR 438
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
State Bank of Pakistan Act (XXXIII of 1956),
Banking Companies Ordinance (1962),
Interests Act (XXXII of 1839)
|
| Sections |
203-B,
203-C,
203-D
|