Laws of Pakistan

The laws of Pakistan derive its Heritage from British India. From its inception and Partition, it became the Islamic Republic of Pakistan. Its underlying foundations of Law are from Common Law (England and Wales) with Shariat Elements.

As Pakistan was developing as the strong nation that it is today, no attempt was made to overhaul the existing legal framework in its entirety. There is no concept of a Jury System in Pakistan, and the Courts in Pakistan use Legal Precedent and Citations (For example, they would rely on previous judgments on an existing case).

What are the Legal Principles of Pakistan?

The list of Laws, Ordinances, Rules, and acts in Pakistan are Several and many (Which are updated regularly). As one new law may come into force, another law may become obsolete and would be considered a repealed law. A Repealed Law is a law that has been replaced by another (more recent) law.

As a Litigant, it is important to be aware of the Statutes and Laws concerning your case. Relevant Citations and Case Laws of Pakistan are also handy, its always beneficial to know whether you have a lawyer or not.

The General Laws of Pakistan

As we dive into the different Laws in Pakistan, it is important to highlight the backbone of Pakistan. Being the Islamic Republic of Pakistan, the basic foundations of law (in Principle) should be the Laws of Shariat and the teachings of the Quran.

The following act as the Basic Principles of Law in Pakistan (But not limited to):-

  • Shariat Law (from the Holy Quran)
  • The Constitution of Pakistan
  • PPC – Pakistan Penal Code
  • CPC – Civil Procedure Code of Pakistan
  • CrPC – Criminal Procedure Code of Pakistan
  • QSO – Qanon e Shahadat Order 1984 (Laws of Evidence in Pakistan)

Civil Laws of Pakistan

Civil Proceeding and Civil Laws in Pakistan deal with all matters between individuals. Business and Family-related legal matters are also covered in Civil Laws. For clarity and easy reading, we have separated Family Laws in Pakistan and Business Laws (otherwise known as Commercial Laws in Pakistan and Corporate Laws in Pakistan) separately.

The following are (But not limited to) examples of Civil Laws in Pakistan:-

  • The Code of Civil Procedure 1908
  • West Pakistan Civil Courts Ordinance 1962 (Also Known As the Pakistan Civil Courts Ordinance 1962)
  • The Contract Act 1872
  • The Suits Valuation Act 1887
  • The Power of Attorney Act 1882
  • The Court Fees Act 1870
  • The Small Claims and Minor Offences Courts Ordinance 2002
  • The Arbitration Act 1940
  • The Specific Relief Act 1877
  • The General Clauses Act 1897
  • Pakistan Tourist Guides Act 1976
  • Electricity Act 1910
  • The Stamp Act 1899
  • National Disaster Management Ordinance 2007
  • West Pakistan Maintenance of Public Order Ordinance 1960
  • Right of Access to Information Act 2017
  • Medical and Dental Degree Ordinance 1982
  • Pharmacy Act 1967
  • Medical and Dental Council Council Ordinance 1962
  • The Limitation Act 1908
  • The National Commission for Human Rights Act 2012
  • The Investigation for Fair Trial Act 2013
  • Majority Act 1875
  • The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) 2011
  • The Mental Health Ordinance 2001
  • Allopathic System (Prevention of Misuse) Ordinance 1962
  • The Oath Act 1873
  • The Negotiable Instruments Act 1881

Criminal Laws of Pakistan

Criminal Laws and Criminal Law Proceedings in Pakistan follow the Criminal Procedure Code (1898) and involve matters pertaining to Bail and Crimes such as Theft, Dacoity, Rape, Kidnapping and Abduction, Criminal Conspiracy, Parental Abduction, Medical Negligence, Defamation, Murder, Contempt of Court, Perjury, Forgery, Cheating, Fraud, Malicious Prosecution, Suicide, Harassment, Firearms, FIA, Police, Kidnapping, Assault etc..

The following are (But not limited to) laws relating to Criminal Matters in Pakistan:-

  • The Criminal Procedure Code 1898
  • The Contempt of Court Act 2012
  • The Police Order 2002
  • The Prevention and Control of Human Trafficking Rules 2004
  • The Defamation Ordinance 2002
  • The Limitations Act 1908
  • The Federal Investigation Agency Act 1974
  • The Federal Investigation Agency Rules 1975
  • The Prevention of Corruption Act 1947
  • The Federal Investigation Agency (Inquiries and Investigation) Rules 2002
  • The Offences of Zina (Enforcement of Hudood) Ordinance 1979
  • The Anti-Money Laundering Act 2010
  • The Protection Against Harassment of Women at the Workplace Act 2010
  • The Prevention of Corruption Act 1947
  • The Juvenile Justice System Ordinance 2000
  • The Pakistan Arms Ordinance 1965
  • The Juvenile Justice System Act 2018
  • The Juvenile Justice Rules 2001
  • The Electronic Transaction Ordinance 2002
  • The Illegal Disposition Act 2005
  • The Explosives Act 1884
  • The Drugs Act 1976
  • The Explosive Substances Act 1908
  • The Foreign Exchange Regulation Act 1947
  • The National Counter Terrorism Authority Act 2013
  • The Prevention of Electronic Crimes Act 2016
  • The Prevention of Gambling Act 1977
  • The Prevention of Smuggling Act 1977
  • The Anti-Terrorism Act 1997
  • The Anti-Narcotics Force Act 1997
  • The Surrender of Illicit Arms Act 1991
  • The Control of Narcotic Substances Act 1997
  • The National Accountability Bureau Ordinance 1999

Family Laws in Pakistan

Family Laws in Pakistan deal with Child Custody, Child Visitation Rights, Marriage, Divorce (whether it’s through Talaq, Khulla, or Mutual Divorce), Fake Dowry Cases, Recovery of Dowery and Jehz, Alimony, Succession Certificates and Inheritance matters in Pakistan. These matters are dealt with by Family Lawyers in Pakistan, Child Custody Lawyers in Pakistan, Divorce Lawyers in Pakistan and Inheritance Lawyers in Pakistan.

Family Laws in Pakistan tend to be a law of their own as they do not generally follow Civil Law Principles or Criminal Law Principles. The Following laws are applicable in Family Matters

  • West Pakistan Family Court Rules 1965 (Also known as Pakistan Family Court Rules 1965)
  • Guardians and Wards Act 1890
  • Muslim Family Law Ordinance 1961
  • Divorce Act 1869
  • Christan Marriage Act 1872
  • Births Death and Marriage Registration Act 1886
  • Marriages Validation Act 1892
  • Foreign Marriage Act 1903
  • Special Marriage Act 1872
  • Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance 2000
  • The Succession Act 1925
  • The Child Marriage Restraint Act 1929
  • The Dissolution of Muslim Marriage Act 1939
  • West Pakistan Family Courts Act 1964 (Known also as the Family Courts Act 1964)
  • Hindu Marriage Act 2017

How we can assist you

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