Shariah Courts

The paper explores the role of fatwa -an Islamic legal instrument- in Pakistan’s judicial system. Since Pakistan is a constitutionally declared Islamic country, one may expect an extended role of the instrument of fatawa in the system. But the analysis in the paper does not confirm this perception. An individual fatwa rendered by a Mufti is not ipso facto taken as authentic articulation of Islamic law: it has to conform to the primary sources (i.e. the Quran and the Sunnah) for having some consequences. Though the judicial approach is not firmly settled on the procedure of admitting a fatwa as a piece of evidence, but there is a growing trend of requiring a Mufti to appear before the court and be subjected to cross-examination. This approach equates a Mufti to that of an expert witness and in this manner paves the way for application of those requirements and standards which are followed for an expert witness. Additionally, the paper will reflect on use and misuse of the instrument of fatawa by parties and Muftis.

USA 2017, doc, 81 min, director: Erika Cohn
Languages: Arabic with English subs

As a young lawyer, Kholoud Al-Faqih entered the office of the Chief Justice of Palestine and announced that she wanted to join the bench. He laughed at her. But just a few years later, Kholoud became the first woman to be appointed as a judge in the Shari'a courts of the Middle East. The documentary "The Judge" portrays Judge Kholoud and accompanies her on her way, in her tireless fight for women's rights and her visits to clients, friends and family. In so doing, "The Judge" sheds light on some of the universal conflicts in Palestinian domestic life - child custody, divorce, abuse - while offering an unvarnished look at women's lives and Shari'a.

The film will be followed by a discussion with scholar of Islam Markus Dreßler.

Generally when an image of Federal Shariat Court (hereafter referred to as FSC) as established under the Constitution of Pakistan, 1973, emerges in one’s mind he/she is disposed to assume as if it is an unnecessary intervention into the legislative process of the country. This image of the FSC is founded on the powers conferred on it by the Constitution. The FSC has been granted power to declare the laws enacted by the legislature as unislamic if they do not conform to the dictates of the Quran and Sunnah of the Prophet; hence liable to be amended by the legislature or replaced by the decision of the FSC. This image of the FSC is further deteriorated by dominant narratives about its role in academia. This paper contends that the over-emphasis on such portrayal of the FSC would be misplaced and likely to distort the other side of the picture. As a matter of fact, the FSC has pronounced a number of judgments which are progressive in nature and contributive to the reformist trends in I...