Precedent In Islamic Law With Special Reference t

Islamic Studies 47:4 (2008) pp. 445482 445 Precedent in Islamic Law with Special Reference to the Federal Shariat judicature and the law-abiding System in Pakistan MU?AMMAD MUNIR* Abstract This paper attempts to answer the fountainhead whether the car park law article of belief of precedent as recitald in Pakistan is compatible with the traditional Islamic sound dodging. The paper examines the case of the principles of Islamic law in the Pakistani legal system and focuses on the role of the Federal Shariat Court and the binding term of its decisions. The paper to a fault examines the habitual practice of courts in Saudi Arabia and finds that judges there argon not bound by the decisions of the higher courts. Those who oppose the philosophical system of precedent generally entreat that this doctrine restricts judges from discomfit the stairstaking ijtih?d and that it is against the principle of independency of judiciary. However, the supporters of precede nt argue that the doctrine ensures uniformity and analytical amity in the legal system. It concludes that the practice of binding precedent under Articles 189, 201 and 203 GG of the 1973 Constitution is institutionalized taql?d and that there is little, if any, material about the role of precedent in Islamic law.

???? Let not a judgment you rendered yesterday, and that you pick up [later] reflected upon, receiving guidance towards the correct view, continue you from restoring a remediate. Rights are quaint and cannot be annulled. Restoring a right is by far interrupt than persisting in a manifest error.?? * I am very grateful to the editor in chief! Islamic Studies, Dr. Zafar Ishaq Ansari and one of the reviewers of this paper for Islamic Studies whose comments led to its usefulness and prompted me to involve subjects that had previously not been taken up. The author also wishes to give thanks Imran A. K. Nyazee, Umer Gilani, Nida Tareen, Muhammad Zubair Abbassy for their comments on this article. Special thanks go to Muhammad Mushtaq Ahmad for editing and commenting on this...If you want to get a full essay, format it on our website: BestEssayCheap.com

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