Updated: Tuesday March 11, 2014/AthThulatha
Jamada El Oula 10, 1435/Mangalavara
Phalguna 20, 1935, at 05:23:48 PM
The Azad Jammu and
(ACT VIII OF 1989)
[Dated May 17, 1989]
AN ACT for the enforcement of Shari’ah
WHEREAS sovereignty over the entire universe belongs
to Almighty Allah, alone, and the Authority to be exercised by the people of
Azad Gamma and Kashmir within the limits prescribed by Him is a sacred trust:---
AND WHEREAS sub‑section (5) to section 31 of the
Azad Jammu and Kashmir Interim Constitution Act, 1974, provides that no law
shall be repugnant to the teachings and requirements of Islam as set out in the
Holy Qur’an and Sunnah;
AND WHEREAS it is necessary to carry out the purposes
of the Interim Constitution and to provide that all existing laws shall be
brought in conformity with the Holy Qur’an and Sunnah; It is hereby enacted as
follows:---
1. 1. Short title, extent and commencement.‑--- (1) This Act may be called the Azad Jammu and Kashmir
Enforcement of Shariah Act, 1989.
(2) It extends to the whole of Azad Jammu and
(3) Nothing contained in this Act shall affect the
personal laws of the non-Muslims.
(4) It shall come into force at once.
2 Definitions.‑ In this Act, unless there is anything repugnant in
the subject or context:---
(a) “Government” means the Azad
Government of the State of Jammu and Kashmir;
(b) “Court” means a court subordinate to
High Court and includes a tribunal or an authority established by or under any
law for the time being in force:---
(c) “Mufti” means a Muslim scholar well versed in
Shariah appointed under this Act to assist the Supreme Court, High Court or the
(d) “Shariah” means the Injunctions of Islam as laid
down in the Holy Qur’an and Sunnah;
(e) “Supreme Court” means the Supreme
Court of Azad Jammu and
(f) “High Court” means the High Court of Azad Jammu
and
(g) “
(h) “Council of Islamic Ideology.” means
Council of Islamic Ideology constituted under the Azad Jammu and Kashmir
Council of Islamic Ideology Ordinance.
3. Supremacy of Shari’ah.‑--- Shari’ah shall be the supreme law in Azad Jammu and
Kashmir and Grund Norm for guidance for policy making by the State and shall be
enforced in the manner and as envisaged hereunder.
4. Court to decide cases according to Shari’ah.‑ (1) if a question arises before a Court that a law or
provision of law is repugnant to Shari’ah the Court shall, if it is satisfied
that the question needs consideration, make a reference to the Shari’at Court
in respect of matters which fall within the jurisdiction of the Shari’at Court
under the Shariat Court Ordinance and that Court may call for and examine the
record of the case and decide the question within sixty days:---
Provided that, if the question relates to Muslim
personal law, any fiscal law or any law relating to the levy and collection of
taxes and fees or banking or insurance practice and procedure, the Court shall
refer the question to High Court which shall decide the question within sixty
days:---
Provided further that no question as to the repugnancy
or otherwise to Shari’ah shall be entertained by the Court in respect of a law
or provision of law already examined by the Shari’at Court or Supreme Court and
found not to be repugnant to Shari’ah.
(2) The second proviso to sub‑section (1) shall
not affect the jurisdiction of the
(3) The High Court may, either of its own motion or on
the petition of citizen of Azad Jammu and Kashmir or Government or on a
reference made to it under the first proviso to sub‑section (1), examine
and decide the question whether or not any law relating to Muslim Personal Law,
any fiscal law or any law relating to the levy and collection of taxes and fees
or banking or insurance practice and procedure, or any provision of such law,
is repugnant to Shari’ah:---
Provided that while examining and deciding the
question, the High Court shall call for and hear the views of experts having
specialized knowledge in the field to which the question relates and of such
other persons as the High Court may deem fit.
(4) Where the High Court takes up the examination of a
law or provision of law under sub‑section (3), and such law or provision
of law appears to it to be repugnant to Shari’ah the High Court shall cause to
be given to the Government a notice specifying the particular provisions that
appear to it to be so repugnant, and afford to Government adequate opportunity
to have its point of view placed before the High Court.
(5) If the High Court decides that any such law or
provision of law is repugnant to Shari’ah, it shall set out in its decision,---
(a) the reasons for its holding the opinion; and
(b) the extent to which such law or provision is so
repugnant; and specify the day on which the decision shall take effect:---
Provided that no such decision shall take effect
before expiration of the period within which an appeal there from may be
preferred to the Supreme Court or, where an appeal has been so preferred,
before the disposal of such appeal:---
Provided further that the decision of the High Court
shall not take effect until the expiration of a period of at least sixty day
days from the date of the decision:---
Provided further that the High Court may, on the
petition of Government showing sufficient cause for not implementing the
decision, extend the time for a period not exceeding thirty days.
(6) The High Court shall have power to review any
decision given or order made by it under this Section.
(7) The jurisdiction conferred on the High Court by the
Section shall be exercised by a Full bench.
(8) Where a question referred to in sub‑section
(1) or sub*section (3) arises before a Single or Division Bench of the High
Court, it shall be referred to the Full Bench.
(9) Any party aggrieved by the final
decision of the High Court in any proceedings under this Section may, within
sixty days of such decision, prefer an appeal to the Supreme Court:---
Provided that an appeal on behalf of the State may be
preferred at any time after the decision but not later than sixty days of the
day on which the decision shall take effect and such extended period as may be
allowed by the High Court under sub-section (5).
(10) Nothing contained in this Act nor decision made
thereunder shall affect any sentences passed or orders made, judgements
pronounced, decrees passed, liabilities incurred, rights accrued, assessments
made, amounts recovered or declared payable under any law by any Court or
Tribunal or Authority before the commencement of this Act.
Explanation.‑ For the purposes of this sub‑section,
the word “Court” or “Tribunal” shall mean any Court or Tribunal established by
or under any law or the Constitution at any time before the commencement of
this Act and the word “Authority” shall mean any authority established under
any law for the time being inforce.
5. Decisions on matters relating to different Muslim
Sects.‑--- In matters relating
to the Muslim Personal Law of any sect, the decision shall be in accordance
with the Fiqh of that Sect.
6. Appointment of Amicus curiae etc.- (1) Persons well‑versed in Shari’ah from
reputable institutions of Islamic learning and Deeni Madaris in Pakistan or
abroad, recognized by the Government for this purpose shall, notwithstanding
anything contained in any other law for the time being in force, be eligible
for appearing before the court for interpretation of Shari’ah in accordance
with the rules to be framed for this purpose.
(2) The President shall, in consultation with the
Chief Justice of the Azad Jammu and
(3) Persons holding graduate and post‑graduate
degrees in law and Shariah from the universities including International
Islamic University, Islamabad, shall notwithstanding anything contained in any
other law for the time being in force, be eligible for being enrolled as
advocates in accordance with the rules to be framed for this purpose.
(4) The provisions of this Section shall not affect in
any manner whatsoever the rights of the advocates enrolled under the law
relating to legal practitioners and Bar Councils to appear in various courts,
tribunals and other authorities including the Supreme Court, the High Court or
the
7. Appointment of Muftis.‑------ (1) The President shall, in consultation with the
Chief Justice of Azad Jammu and
(2) A Mufti appointed under sub‑section (1)
shall hold office during the pleasure of the President and shall receive such
remuneration as is for the time being admissible to Additional Advocate General
of Azad Jammu and
(3) It shall be the duty of a Mufti to give
advice to the Government upon such legal matters involving interpretation of
Shari’ah and perform such other duties as may be referred or assigned to him by
the Government; and in the performance of his duties he shall have the right of
audience in the Supreme Court, and the High Court while exercising jurisdiction
under this Act and in the Shari’at Court.
(4) A Mufti shall not plead for any party
but shall state, expound and interpret Shari’ah relevant to the proceedings as
far as may be known to him and submit to the Court a written statement of his
interpretation of Shari’ah.
(5) The Law and Parliamentary Affairs Department in
the Government of Azad Jammu and
8. Teaching of and training in Shari’ah.‑-----
(1) The Government shall make
effective arrangements for the teaching of, and training in, Shariah in the
Federal Judicial Academy, Islamabad or other similar institutions for the
members of the subordinate judiciary.
(2) The Government shall make arrangements for
providing education and training in various branches of Islamic Law in order to
ensure the availability of manpower trained in the administration of justice
according to Shari’ah.
(3) The Government of Azad Jammu and
9 Laws to be interpreted in the light of Shari’ah.‑---
(1) For the purpose of this Act,
while interpreting the statute law, if more than one interpretation is
possible, the one consistent with the Islamic Principal and jurisprudence shall
be adopted by the Court; and
(2) Where two or more interpretations are equally
possible, the interpretation which advances the principles of Islam shall be
adopted by the Court.
10 Expeditious codification of Islamic Laws.‑-- (1) The Council of Islamic Ideology shall take urgent
steps to fulfil its functions.
(2) The Government shall take early steps to place the
recommendations made to it by the Council of Islamic Ideology, before the
Legislative Assembly.
11. Fulfillment of existing obligations.‑--- Nothing contained in this Act or any decision rendered
thereunder shall affect the validity of any financial obligation incurred
including under any instruments, whether contractual or otherwise, promises to
pay, or any other financial or statutory corporation or other institution to
make payment envisaged therein, and all such obligations, promises and
commitments shall continue to remain valid, binding and operative.
12. Rules.‑--- The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
This Act has been reported from the Gazette of
AJ&K dated 17‑5‑1989, see issue no. 155. Vol. XXXV.
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