Challenging State’s Authority or Running a Parallel Judicial System? ‘Ulama Verses the Judiciary in Pakistan
Posted: 3 Oct 2011 Last revised: 12 Oct 2011
Date Written: October 2, 2011
Abstract
This work focuses on whether the authority of the State of Pakistan is legitimate under Islamic law? Whether all appointments including judicial appointments in Pakistan be considered legitimate and the decisions given by judges be considered binding and be implemented or not? Whether decisions of the superior Courts, i.e., High Courts, Federal Shariat Court, and the Supreme Court, which are based on ijtihad done by these Courts rather than the opinions of fuqaha, be binding or not? Whether muftis and ‘ulama in Pakistan can issue fatwas against such rulings, such as rulings of courts regarding dissolution of marriage by khul‘? And what is the status of such rulings when issued by ‘ulama: would it amount to challenging the State’s authority?
Keywords: State authority, ulama, pakistan, challenge to state authority, muftis, fatwa, khul', Federal Shariat Court
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