Tuesday, January 27, 2009

The proposed abolition of the Federal Shariat Court

Mutahidda Qaumi Movement i.e. MQM has introduced its constitutional amendment bill focusing predominantly on provincial autonomy which is- as the bill rightly points out in its statement of reasons and objectives- the cornerstone of the struggle that led to Pakistan. What is even more exciting is the proposed abolition of the Federal Shariat Court. This move shall restore to the Supreme Court of Pakistan its role as the arbiter in all matters and shall finally put FSC out of his misery.
As an alternative to the FSC, MQM proposes that Sharia related matters should be decided by a three judge bench both in the Supreme Court and the High Court out of which 2 judges should be Muslim. This step itself is revolutionary as it envisages a Non-Muslim judge presiding over sharia matters in toto. The FSC in contrast had 8 Muslim judges only. All in all this is an excellent piece of legislation that will go a long way in restoring to Pakistan some sanity.

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