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ENFORCEMENT OF SHARI’AH ACT,1991

ACT X OF 1991

18th June, 1991

 

An Act for the enforcement of Shari’ah

 

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 5th June, 1991. and is hereby published for general information:-

 

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and authority to be exercised by the people of Pakistan through there chosen representatives  with the limits prescribed by Him is a sacred trust.

 

And whereas the Objectives Resolution has been incorporated in the Constitution of the Islamic Republic of Pakistan as a substantive part thereof ;

 

And whereas Islam has been declared to be the State religion of Pakistan and it is obligatory for all Muslims to follow the Injunctions of the Holy Qur’an and Sunnah to regulate and order there lives in complete submission to the Divine law;

 

And whereas it is one of the fundamental obligations of the Islamic State to protect the honour, life, liberty and the fundamental right a of the citizens as guaranteed under the constitution and to ensure peace and provide inexpensive and speedy justice to people through an independent Islamic system of justice without any discrimination.

 

And whereas Islam enjoins establishment of social order based on the Islamic values of bidding what is right and forbidding what is wrong (amr bil Ma’ roof wa nahi anil Munkar);

 

And whereas in order to achieve the aforesaid objectives and goals, it. is necessary to give to these measures constitutional and legal backing,

 

It is hereby enacted as follows :

 

1.         Short title, extent and commencement

(1)        This Act may be called the Enforcement of Shari’ah Act, 1991.

(2)        It extends to the whole of Pakistan.

(3)        It shall come into force at once.

(4)        Nothing contained in this Act shall affect the personal laws, religious freedom traditions, customs and way of life of the non Muslims.

 

2.         Definition. In this Act "Shari’ah" means the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah.

 

Explanation:– While interpreting and explaining the Shari’ah the recognized principles of interpretation and explanation of the Holy Qur’an and Sunnah shall be followed and the expositions and opinions of recognized jurists of Islam belonging to prevalent Islamic schools of jurisprudence may be taken into consideration.

 

3.         Supremacy of Shari’ah.

(l)         The Shari’ah that is to say the Injunctions of Islam as laid in the Holy Qur’an and Sunnah, shall be the supreme law of Pakistan.

(2)        Notwithstanding anything contained in this Act, the judgment of any Court or any other law for the time being in force, the present political system, including the Majlise-Shoora (Parliament) and Provincial Assemblies and the existing system of  Government, shall not be challenged in any Court, including Supreme Court, the Federal Shariat Court or any authority or tribunal:

 

Provided that nothing contained herein shall effect the right of the non-Muslims guaranteed by or under the Constitution.

 

4.         Laws to be interpreted in the light of Shari’ah. For the purpose of this Act—

(a)        while interpreting the statute-law, if more than one interpretation is possible, the one consistent with the Islamic principles and jurisprudence shall be adopted by the Court ; and

(b)        where two or more interpretations are equally possible the interpretation which advances the Principles of Policy and Islamic provisions in the Constitution shall be adopted by the Court.

 

5.         Observance of Shari’ah by Muslim citizens. All Muslim citizens of Pakistan shall observe Shari’ah and act accordingly and in this regard the Majlise-Shoora (Parliament) shall formulate code of conduct for Government functionaries.

 

6.         Teaching of, and training in, Shari’ah etc. The State shall make effective arrangements,–

(a)        for the teaching of, and training in the Shari’ah, Islamic jurisprudence and all other branches of Islamic law at appropriate levels of education and professional training.

(b)        to include courses on the Shari’ah in the syllabi of the law colleges ;

(c)        for the teaching of the Arabic language; and

(d)        to avail the services of persons duly qualified in Shari’ah, Islamic jurisprudence and Ifta in judicial system.

 

7.         Islamisation of education.

(l)         The State shall take necessary steps to ensure that the educational system of Pakistan is based on Islamic values of learning, teaching and character building.

(2)        The Federal Government shall within thirty days from the commencement of this Act appoint a Commission consisting of educationists, jurists, experts, ulema and elected representatives as it may deem fit and appoint one of them to be its Chairman.

(3)        The functions of the Commission shall be to examine the educational system of Pakistan to achieve the objectives referred to in subsection (1) and make recommendations in this behalf.

(4)        A report containing the recommendations of the Commission shall be submitted to the Federal Government which shall cause it to be placed before both the Houses of Majlis-e-Shoora (Parliament).

(5)        The Commission shall have the power to conduct its proceedings and regulate its procedure in all respects as it may deem fit.

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