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Legal system of Pakistan & Women Rights
The legal system of Pakistan is basically based on English or British common laws. After
the establishment of Pakistan in 1947, we didn’t have our laws formulated but we were forced to
implement English laws.
The legislature related to Muslim family law was introduced under British law. Later on, in 1952
during the time of the first constitution, there were no exact family laws that should have been
formulated from Quran and Sunnah which created chaos in 1961 by religious leaders. There was
an inclusion by government and they formulated family laws in 1965 but unfortunately, the
assembly members were not religious scholars so they later on amended common laws to
personal laws but still there were objections and those objections were suppressed by the
government in a way that they asked the religious scholars to suggest laws which can be
presented into assembly and when parliament will pass the law it will be added in the
constitution.
At both district and parliament levels, British laws are implemented. One can only reach and
enjoy Shariah laws provincially but it is not possible to reach that level. Precedents of Shariah
law were referenced after they reached the shariah law and then it was implemented by lower
courts.
The problem is that little or no cases reached the level of shariah law so very few preceded and
were referenced by lower courts. This is a huge problem. Even if the institution of shariah
presents law, those laws are challenged in parliament by the government.
People now do not move to the courts, they move to the ordinance.