Types of Pakistani Laws: Civil, Criminal, and Shariah Law
Pakistan, a country located in South Asia, has a legal system that is a mix of various legal traditions, including Islamic law, common law, and civil law. The legal system in Pakistan is divided into different branches, and in this article, we will discuss the three main types of Pakistani laws: Civil, Criminal, and Shariah law.
Table of Contents
Introduction
Civil Law in Pakistan
Definition of Civil Law
Sources of Civil Law
Examples of Civil Law in Pakistan
Criminal Law in Pakistan
Definition of Criminal Law
Sources of Criminal Law
Examples of Criminal Law in Pakistan
Shariah Law in Pakistan
Definition of Shariah Law
Sources of Shariah Law
Examples of Shariah Law in Pakistan
Differences Between Civil, Criminal, and Shariah Law
Conclusion
FAQs
Introduction
The legal system in Pakistan is based on the English common law system, which was introduced during the British colonial era. Since then, various laws have been enacted to regulate different aspects of life in Pakistan. The legal system in Pakistan is divided into different branches, including civil, criminal, and Shariah law. Each of these types of laws serves a different purpose, and it is important to understand the differences between them.
Civil Law in Pakistan
Definition of Civil Law
Civil law is a branch of law that deals with the rights and obligations of individuals and organizations in their interactions with each other. It covers a wide range of legal issues, including contracts, property rights, family law, and torts.
Sources of Civil Law
The sources of civil law in Pakistan include statutes, case law, and customary law. The Constitution of Pakistan is the supreme law of the land and provides a framework for the legal system in Pakistan.
Examples of Civil Law in Pakistan
Some examples of civil law in Pakistan include:
The Contract Act, 1872:
This law regulates contracts in Pakistan and provides rules for the formation and performance of contracts.
The Family Laws Ordinance, 1961:
This law governs matters related to marriage, divorce, and maintenance in Pakistan.
The Transfer of Property Act, 1882:
This law regulates the transfer of property in Pakistan.
Criminal Law in Pakistan
Definition of Criminal Law
Criminal law is a branch of law that deals with crimes and their punishment. It defines criminal offenses and provides a framework for the investigation, prosecution, and punishment of criminals.
Sources of Criminal Law
The sources of criminal law in Pakistan include statutes, case law, and Islamic law. The Pakistan Penal Code, 1860, is the main statute that defines criminal offenses in Pakistan.
Examples of Criminal Law in Pakistan
Some examples of criminal law in Pakistan include:
The Pakistan Penal Code, 1860:
This law defines various criminal offenses and provides rules for their investigation, prosecution, and punishment.
The Anti-Terrorism Act, 1997:
This law deals with terrorism-related offenses and provides for special courts and procedures for the trial of such offenses.
The Narcotics Control Act, 1997:
This law deals with drug-related offenses and provides for strict punishment for those involved in drug trafficking.
Shariah Law in Pakistan
Definition of Shariah Law
Shariah law is a branch of Islamic law that is derived from the Quran and the Sunnah (the practices and teachings of the Prophet Muhammad). It covers a wide range of legal issues, including family law, criminal law, and commercial law.
Sources of Shariah Law
The sources of Shariah law in Pakistan include Islamic law, as derived from the Quran and the Sunnah, and the decisions of Islamic scholars. The Shariah law in Pakistan is enforced through various Islamic courts, which deal with matters related to family law and inheritance.
Examples of Shariah Law in Pakistan
Some examples of Shariah law in Pakistan include:
The Muslim Family Laws Ordinance, 1961:
This law governs matters related to marriage, divorce, and inheritance for Muslims in Pakistan.
The Hudood Ordinances:
These are a set of laws that deal with offenses related to adultery, theft, and consumption of alcohol, among others.
The Qisas and Diyat Ordinance, 1990:
This law deals with offenses related to bodily harm and provides for the payment of compensation to the victim or their family.
Differences Between Civil, Criminal, and Shariah Law
While civil, criminal, and Shariah law all serve different purposes, there are some key differences between them.
Scope
Civil law deals with the private rights and obligations of individuals and organizations, while criminal law deals with offenses against society as a whole. Shariah law covers both civil and criminal law, as well as matters related to Islamic ethics and morality.
Sources
Civil law is based on statutes, case law, and customary law, while criminal law is based on statutes, case law, and Islamic law. Shariah law is derived from the Quran and the Sunnah, as well as the decisions of Islamic scholars.
Courts
Civil and criminal cases in Pakistan are heard in the civil and criminal courts, respectively. Shariah law is enforced through Islamic courts, which are separate from the civil and criminal courts.
Conclusion
In conclusion, the legal system in Pakistan is divided into different branches, including civil, criminal, and Shariah law. Each of these types of laws serves a different purpose and is based on different sources. Understanding the differences between these types of laws is important for anyone who wants to navigate the legal system in Pakistan.
FAQs
What is the difference between civil and criminal law in Pakistan?
Civil law deals with the private rights and obligations of individuals and organizations, while criminal law deals with offenses against society as a whole.
What is Shariah law in Pakistan?
Shariah law is a branch of Islamic law that is derived from the Quran and the Sunnah. It covers a wide range of legal issues, including family law, criminal law, and commercial law.
What are some examples of civil law in Pakistan?
Some examples of civil law in Pakistan include the Contract Act, 1872, the Family Laws Ordinance, 1961, and the Transfer of Property Act, 1882.
What are some examples of criminal law in Pakistan?
Some examples of criminal law in Pakistan include the Pakistan Penal Code, 1860, the Anti-Terrorism Act, 1997, and the Narcotics Control Act, 1997.
How is Shariah law enforced in Pakistan?
Shariah law is enforced through Islamic courts, which are separate from the civil and criminal courts in Pakistan.