Muhammadan Law in Pakistan

Muhammadan law in Pakistan (also referred to as Islamic law or Shariah law) stems from the teachings of the Quran, the Hadith (the sayings and actions of Prophet Muhammad), and other sources of Islamic jurisprudence. It is a religious and legal system that enforces the importance of justice, fairness, and equality.

Pakistan is one of the few Islamic Republican countries which maintains Islam as its state religion (defacto primary religion), therefore Muhammadan law is adopted in many parts of the Pakistani legal system, especially in matters of personal law; family law, and criminal law. Muhammadan law establishes the rights of individuals; including women and minorities and provides a framework for resolving disputes and conflicts in a peaceful manner.

Islam presents a code which can deal with emerging and modern issues in all times of ijtihad continuous

2014 SD 334 (FSC)

Universally followed Schools of thought in Muhammadan Law

Society is continuously progressing, and all laws have to catch up with the norms and standards that are being adopted by society; Muhammadan law is no different. Despite there being many different sects of Islam, all the sects agreed that where there was a valid consensus, no disagreement can be established.

When reviewing laws such as Child custody laws, the principles of the Holy Quran and Hadees were reviewed by scholars who would find communal legislation, which would then be followed as Ijtihad (which means “one’s own exertion”). This would be free from any single person’s own opinions (which may be tainted by personal bias) to cover legal matters that were not specifically mentioned in the Quran or Hadith.

Islam is a religion of peace and tolerance and stands for safety, security, and sanctity of human life. Islam abhors unlawful killing of innocent people and strictly prohibits it

PLD 2011 SC 997

Legal Reforms due to Islamic, Shariah, and Muhammaden Law

Due to its robust structure but difficulties in initial interpretation, many Islamic countries have invested in seeking resolutions for their own legal systems by investing efforts toward Shariah Scholars addressing key policies of Public interest. In Pakistan, even Contract laws turned to Mohammaden Laws for guidance and implementation.

Islam, in its nature and operation, is not a rigid system; This makes it capable of meeting the challenges faced in an ever-quickly evolving world. Its principles are conspicuous, simple, and practical, which is why it’s still referred to today, and no doubt will continue to be a source of enlightenment for many years to come.

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