| The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprises 12 other members including the Chief Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of Law, Justice & Human Rights and Chairperson, National Commission on the Status of Women and others. Each province is represented by one member. The present composition is as follows: |
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| Secretariat |
| The Commission has its own Secretariat, headed by a Secretary and comprising other research officers and ministerial staff. The research posts comprise 3 Joint Secretaries, 4 Deputy Secretaries, 5 Research Officers and 2 Section Officers. The Computer section headed by the MIS Manager comprises of 2 Computer Programmers and 1 Computer Operator. The ministerial staff comprises 59 personnel. |
| Library & Computerisation |
| The Commission has its own library with a collection of 5000-plus reference books and law reports. The staff also has access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission including its composition, functions, reports already approved/published and pending projects. |
| Functions |
| The functions of the Commission are listed in Section 6 of the Ordinance. |
| Such functions include: |
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| Performance |
| The Law & Justice Commission of Pakistan has so far approved and published more than 110 reports on different issues/subjects and submitted the same to the Government for implementation. Some of these reports have been implemented. |
| The Secretariat also operates a Legal Awareness Scheme, whereunder write-ups are prepared on legal issues/problems of public interest and published through the news media. Six volumes titled, Qanun-Fahmi have been published. |
| The published reports and write-ups are available for sale in the Head Office of National Book Foundation, Islamabad as well as its regional/branch offices in the 4 provinces. The reports/write-ups are also available on our website. |
| Similarly, several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion. |
| The Commission welcomes interaction with the general public, especially jurists, researchers, scholars and activists to get feed back on its drafts and receive proposals for reform of law, legal education and judicial system. |
| Secretary |
| Law & Justice Commission of Pakistan, |
| Islamabad. |
Friday, January 20, 2012
LAW & Justice Commission of Pakistan
Islamic LAW
Islamic law can refer to:
Sharia law, (Arabic: شريعة šarīʿah, IPA: [ʃaˈriːʕa], "legislation"; also spelled shariah, sharīʿah; also known as Islamic law, قانون إسلامي qānūn ʾIslāmī ) is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to questions not directly addressed in the primary sources by including secondary sources. These secondary sources usually include the consensus of the religious scholars embodied in ijma, and analogy from the Quran and Sunnah through qiyas. Shia jurists prefer to apply reasoning ('aql) rather than analogy in order to address difficult questions.
Muslims believe sharia is God's law, but they differ as to what exactly it entails.Modernists, traditionalists and fundamentalists all hold different views of sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries, societies and cultures have varying interpretations of sharia as well.
Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. Where it has official status, sharia is applied by Islamic judges, or qadis. The imam has varying responsibilities depending on the interpretation of sharia; while the term is commonly used to refer to the leader of communal prayers, the imam may also be a scholar, religious leader, or political leader.
Fiqh (Arabic: فقه [fiqh]) is Islamic jurisprudence. Fiqh is an expansion of the code of conduct (Sharia) expounded in the Quran, often supplemented by tradition (Sunnah) and implemented by the rulings and interpretations of Islamic jurists.
Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent schools (madh'hab) of fiqh within Sunni practice and two within Shi'a practice. A person trained in fiqh is known as a Faqih (plural Fuqaha).
Law of the United Kingdom
The United Kingdom has three legal systems.[1] English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law elements dating back to the High Middle Ages. While England and Wales, Northern Ireland, and Scotland diverge in the more detailed rules of common law and equity, and while there are certain fields of legislative competence devolved in Northern Ireland, Scotland, Wales and London, there are substantive fields of law which apply across the United Kingdom.
The United Kingdom does not have a single legal system since it was created by the political union of previously independent countries. Article 19 of the Treaty of Union, put into effect by the Acts of Union in 1707, created the Kingdom of Great Britain but guaranteed the continued existence of Scotland's separate legal system.[2] The Acts of Union of 1800, which combined Great Britain and Ireland into the United Kingdom of Great Britain and Ireland, contained no equivalent provisions but preserved the principle of separate courts to be held in Ireland, of which the part called Northern Ireland remains part of the United Kingdom.
The Supreme Court of the United Kingdom is the highest court in the land for all criminal and civil cases in England and Wales and Northern Ireland, and for all civil cases in Scots law.[3] The Supreme Court came into being in October 2009, replacing the Appellate Committee of the House of Lords.[4][5] In England and Wales, the court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Courts of Northern Ireland follow the same pattern. In Scotland the chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. Sheriff courts have no equivalent outside Scotland, as they deal with both criminal and civil caseloads.
The Judicial Committee of the Privy Council is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies. There are also immigration courts with UK-wide jurisdiction — the Asylum and Immigration Tribunal and Special Immigration Appeals Commission. The Employment tribunals and the Employment Appeal Tribunal have jurisdiction throughout Great Britain, but not Northern Ireland.
Anglo-American Law
In England after the Norman Conquest the feudal law was ultimately replaced by the law of the royal courts, such as the king's bench. The royal courts developed common law, i.e., judicial legislation as opposed to the law of the formally enacted statute. Common law adhered excessively to precedent, and equity, exercised by the king's chancery, prudence stressed natural law (the theory that law must incorporate the natural rights of humans), and the highly influential work of Sir William Blackstone exemplifies the theory. The work of Blackstone was the most important influence in U.S. law (except for Louisiana, Puerto Rico, and the Virgin Islands, where Continental civil law prevailed). Among those who helped to develop the American concept of law were James Kent and Joseph Story; in constitutional law the most important figure was John Marshall. In the United States the distinctive feature is the coexistence of federal and state law, for the U.S. Constitution limits the sphere in which federal law is supreme. appeared, with its reliance upon the dictates of conscience rather than upon precedent. The two systems became bitter rivals. In the early 17th cent. Francis Bacon championed equity, while such eminent jurists as Edward Coke upheld the common law. In the 18th cent. English juries
Roman Law and Its Influence
The first law code in Roman history was the Law of the Twelve Tables, the prelude to the development of Roman law, a highly elaborate system that has had immeasurable influence on the growth of Western law. It was summarized in the Corpus Juris Civilis in the time of Justinian. Roman law developed the distinction between public law (in which the state is concerned directly, e.g., treason and taxation) and private law (concerned with disputes between persons, e.g., over contracts). The breakup of the Roman Empire under the pressure of the Germanic invasions brought the disruption of the Roman legal administration. Temporarily the codes of Germanic laws eclipsed Roman law in Western Europe. In the simpler Germanic codes the main distinctive element was the use of composition for crimes, but most of the Germanic codes showed at least some Roman influence. Roman law, together with the Bible, was the basis of canon law, the legal system of the Roman Catholic Church, while Muslim law was derived from the Qur'an and the traditional sayings of Muhammad, and later Hebrew law was based on the Talmud. Feudal law also showed the effects of Roman law, although in theory it was based not upon any concept of the state but on personal relations . The revival of trade in the commercial revolution, and in the Renaissance brought new developments in the law of the sea . The study of Roman law itself was also revived, notably at the Univ. of Bologna. It became the basis of most Continental law, as exemplified in the French Code Napoléon, the archetype of codes that govern the jurisdiction of civil law.
LAW
Anglo-American Law In England after the Norman Conquest the feudal law was ultimately replaced by the law of the royal courts, such as the king's bench. The royal courts developed common law, i.e., judicial legislation as opposed to the law of the formally enacted statute. Common law adhered excessively to precedent, and equity, exercised by the king's chancery, appeared, with its reliance upon the dictates of conscience rather than upon precedent. The two systems became bitter rivals. In the early 17th cent. Francis Bacon championed equity, while such eminent jurists as Edward Coke upheld the common law. In the 18th cent. English jurisprudence stressed natural law (the theory that law must incorporate the natural rights of humans), and the highly influential work of Sir William Blackstone exemplifies the theory. The work of Blackstone was the most important influence in U.S. law (except for Louisiana, Puerto Rico, and the Virgin Islands, where Continental civil law prevailed). Among those who helped to develop the American concept of law were James Kent and Joseph Story; in constitutional law the most important figure was John Marshall. In the United States the distinctive feature is the coexistence of federal and state law, for the U.S. Constitution limits the sphere in which federal law is supreme.