Pakistan’s legal system is based on English common law, Islamic law, and local tribal customary law. The Constitution of Pakistan, adopted in 1973, states that all laws must be compliant with Islamic injunctions contained in the Quran and Sunnah.
The primary sources of law in Pakistan are the Constitution, legislation, and judicial precedent. The Constitution is the supreme law of the land and is the basis for all other laws. Legislation is made by the Parliament and provincial legislatures, and it includes statutes, regulations, and rules. Judicial precedent is the principle of deciding cases based on the decisions made in similar cases in the past.
The justice system of Pakistan is divided into two branches: civil and criminal. The civil justice system deals with disputes between private parties, such as family or property disputes. The criminal justice system deals with crimes committed against the state or individuals.
The Supreme Court is the highest court in Pakistan and is the court of final appeal. It is composed of 17 judges, and is responsible for interpreting the Constitution and laws of the land. The Supreme Court also has the power to review the decisions of lower courts and to issue orders to them.
Below the Supreme Court is the High Court, which is made up of provincial and federal divisions, as well as the Federal Shariat Court. The High Court has the power to hear appeals from the decisions of lower courts. The Federal Shariat Court deals with matters concerning Islamic law.
The lower court structure in Pakistan consists of district courts, magistrate courts, and special courts. The district courts, or subordinate courts, hear civil and criminal cases and have the power to try cases for up to 10 years in prison. Magistrate courts hear cases with shorter sentences, such as those involving traffic violations. Special courts are established to hear specific types of cases, such as family disputes, commercial disputes, or labor disputes.
The legal system of Pakistan also includes Islamic courts, known as qazi courts. These courts are based on Islamic law and are not part of the formal court system. They are used to resolve disputes in accordance with Islamic law.