Professional Documents
Culture Documents
specifying the reasons for its decision. The court also had jurisdiction to examine any decision
of any criminal court relating to the application of hudod penalties. The Supreme Court also
has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court.
According to Article 277 all existing laws shall be brought in conformity with the Injunctions
of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court.
Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization
program. Basically, efforts were being made to replace the current judicial system with the
system of Qazi and Majlis e Shura as it was practiced in the early day of Islam.
Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal
remedies but this idea could not be implemented on a national level.
A person can be appointed as Qazi if he possesses a Sanad/Dars e Nizami from a renowned
Darul Uloom or if he is a law graduate from a recognized university. The minimum age limit is
28 years but the government can relax the age restriction if it wants. Qazis are appointed
through the Public Service Commission.
Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul
Amal Diwani of Kalat. Proceedings before the Qazi courts are according to the Civil Procedure
Code. However original civil suits are filed with the Assistant Commissioners and Tehsildars
who will refer them to Qazi or Majlis e Shura.
Jirga System:
The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt
that there must be a separate local body for adjudication of disputes on special matters
which are relevant to a specific area. This Act only provided for a jirga system in KPK but then
in Baluchistan, the practice of Jirga system was quite common because its a custom there
that the notables of area would decide various disputes concerning minor offences.
A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the
president of the Jirga and he is assisted by two other members, which are appointed by the
Deputy Commissioner. Jirga has the same powers as a civil court does under the Code of Civil
Procedure, 1908, pertaining to enforcing attendance of witness or production of documents,
etc. Jirga must give both parties equal opportunity to present their point of view and it may
demand such evidence as may be necessary. The Qanun-e-Shahadat order of 1984 applies to
all proceedings before the jirga. Witnesses may be cross examined and the Jirga has the
authority to administer oath to a witness, consistent with his/her religion. The parties can be
represented and defended by legal practitioners in cases before the Jirga.
If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the
Commissioner within 60 days of the receipt of the decision. Furthermore, unless stated in the
Act, no decision, decree or judgment passed by the Jirga cannot be called up in any court or
before any other authority.