Part VII · The Judicature · Federal Shariat Court

Powers, jurisdiction and functions of the Court

Article 203D

Amended by 18th Amendment (2010) · 26th Amendment (2024)

Not sure what this means? Get it in simple words, in English and Urdu.

English · authoritative

(1)

The Court may, ¹[either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.

²[(1A)

Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List

³* * * or to the Provincial Government in the case of a law with respect to a matter not enumerated ⁴[in the Federal Legislative List], a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.]

(2)

If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision :–

(a)

the reasons for its holding that 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 ⁵[:]

⁶[Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal ⁷[:]]

⁸[Provided further that appeal against decision given after the commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024) shall be disposed of within twelve months whereafter the decision shall take effect unless suspended by the Supreme Court.]

(3)

If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,–

(a)

the President in the case of a law with respect to a matter in the Federal Legislative List ⁹* * * or the Governor in the case of a law with respect to a matter not enumerated in ¹⁰[said List] shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and

(b)

such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

¹¹* * * * * * *

Urdu · official translation (2018)

This article was changed after 31 May 2018. The official Urdu translation below does not include that change, so rely on the English text.

The Urdu text of this article is not available yet. It is being transcribed from the National Assembly’s official Urdu translation. Open the official Urdu PDF.