A STEP BY STEP GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN PAKISTAN

Hands with handcuff - The Guide to Criminal Justice System

There is limited awareness of the Criminal Justice System among citizens in Pakistan. As a result, in the case that individuals encounter a crime, whether they are the victimized or the accused, they lose out on the most strategic ways to navigate such situations. And so, perpetrators of crime either get away with their acts or those who have been falsely accused end up in jail. This blog aims to take you through the workings of the criminal justice system in Pakistan.

WHAT IS THE CRIMINAL JUSTICE SYSTEM (CJS)?

The Criminal Justice System (CJS) is the set of laws, principles, and procedures intended to process cases against accused persons and subsequently, hold those guilty, accountable in ways that the law prescribes. The purpose of our CJS is to control crime, prevent crime, punish offenders, protect the innocent, get justice for victims, and maintain a fair degree of cohesion and stability in society. The system describes the offences, punishments, procedures, and ways to punish those who violate laws of the society.

The three main contributors/agencies of the Criminal Justice System are:

  • Courts
  • Prosecution
  • Police

And, the two main laws governing the Criminal Justice System are:

  • The Code of Criminal Procedure, 1898
  • The Pakistan Penal Code, 1860

STEP-BY-STEP PROCESS (Criminal Justice System CJS)

So how does it Criminal Justice System (CJS) actually work in the practical world?

Step 1: Register the FIR

The process begins with registering the FIR (First Information Report). It is the responsibility of the victim to reach out to the police and register the FIR as soon as possible. But it’s seen that there’s normally a delay between the occurrence of a crime and the filing of complaints. Such delays hamper the victim’s case and can also be held against them in a court of law. Therefore, it’s essential to create awareness among people and urge them to file an FIR as soon as possible after the crime occurs.

Step 2: Police Investigation & Inquiry

After filing an FIR, the next step is the investigation and inquiry of the case. It’s carried out by the Police’s Investigation Officer (IO) who handles the crime scene, collects the evidence of the offence committed and records the statements of the eyewitnesses, the accused, and potential suspects. The IO is supposed to be a competent officer who maintains an unbiased approach throughout the investigation and inquiry. Unfortunately, evidence handling and collection aren’t carried out properly and the sanctity of the crime scene, and the evidence, aren’t preserved in Pakistan, which can have an adverse impact on the case. Once the investigation and inquiry stage is complete, the police draw up an investigation challan which is the final and conclusive investigation report.

Step 3: Criminal Prosecution and Trials

Once the IO submits the investigation challan, the accused is charged and the trial properly commences. The public prosecutor (a lawyer appointed by the state) pleads the case for the complainant/victim of a crime (albeit to assist the prosecution; the complainant is free to hire a private lawyer) while a defense lawyer pleads the case on behalf of the accused against the offences charged against him/her. The prosecutor assists the court in the trial by examining the witnesses and the evidence available against the accused. Thereafter, the defense is given a chance to examine the witnesses and prove that the evidence presented in the court is not enough to punish the accused. If there is an alibi, then the defense provides proof. If the defendant pleads that the accused is insane then a medical board sits and assesses the mental health status of the accused.

Step 4: Adjudication

After the trial and prosecution, the role of the judge comes into play. Based on the trial that took place in the court and the eyewitnesses and evidence presented, the judge makes a rational decision based on the requisite laws of Pakistan.

Step 5: Implementation of Verdict

Once the trial is concluded and justice is served, the Accused either receives his punishment or is set free by the court. However, there are also ways to reduce or nullify the punishment. One of them is Deeyat (or Blood Money) where the victim or the inheritor (in case of the victim’s absence) can receive compensation for the crime caused and the accused is freed. In some cases, the court can rule out this possibility and still punish the criminal.

The sentence can be also reduced by the court if and only if the Criminal Justice System finds that the convict is displaying exemplary behavior and conduct, or due to a severe medical condition.

Get Help – Hire a Criminal Law Expert

Being involved in a crime, whether as a victim or as an accused, is a traumatic and unsettling experience. Mistakes at the early stages of a crime can prove to be fatal when matters come to trial. Thus, it is best to get professional advice to guide and assist you through the whole process for several reasons. The lawyers at Sardar & CO. are well-equipped and experienced to deal with all such matters. You should consult Sardar & Co. for several reasons:

  • Sardar & Co. cares about you as it has one job which is to be your advocate at the trial. It is our job to protect your rights and to voice your best interest. assess the situation and form a plan to take the actions required to facilitate positive outcomes for you.
  • You are hiring an expert and as such, we can devote our energy and time solely to building a solid case on your behalf.
  • Prompt action can lead to mitigation, the earlier you take action for your case the higher the likelihood of a successful case. Do not let delays or faulty police investigations ruin your case.
  • You may be facing heavy penalties because of what is at stake in your case. You may think you are innocent but you need to take every action available to ensure that your innocence is proven and you do not suffer. You need someone who will protect you against such injustice.

Long-term financial benefits, while this seems contradictory, hiring an experienced criminal lawyer can reduce the costs associated with criminal charges in the long run.

ISLAMIC LAWS OF INHERITANCE IN PAKISTAN

Inheritance Laws in Pakistan

As Muslims, there is an obligation to ensure the proper distribution of wealth upon death. Doing so constitutes an act of worship to Allah. In Islam, a person is only a trustee of wealth, and the inheritance law in Pakistan ensures that the wealth is to be distributed fairly amongst the legal heirs according to Shariah. However, most people residing in Pakistan are not aware of their rights under inheritance laws or the rules and procedures associated with it, therefore, a lack of basic knowledge leads to unfair distribution and at times people, mostly women, and children are unjustly robbed of inheritance.

This article provides a brief overview of how the distribution of inheritance in Pakistan works:

Property Distribution – Islamic Inheritance Laws

Pakistan – being an Islamic republic – follows the Shariah law in the case of transferring properties after the death of a blood relative. To enact the Shariah law in Pakistan, the following two laws are used:

  • Muslim family law ordinance. 1961
  • The West Pakistan Muslim Personal Law, 1962

PAYING FUNERAL EXPENSES

The primary duty of utmost priority according to Islamic law is to make sure that the funeral expenses of the deceased are paid off from the wealth of the deceased before any distributions of the wealth are made. As there are many aspects of funeral expenses, including unconventional cultural duties such as feeding the attendees of the burial, there is a consensus among scholars that the activities that must be paid for include washing, shrouding the deceased, and burying him. Any further ceremonial activities should not be paid for from the wealth of the deceased.

CLEAR OFF THE DEBT FIRST

Before the distribution of any property of the Deceased takes place, it’s important to first clear off all the debts of that individual. This includes the dower amount (Haq Meher) of the wife, in the event that the deceased person is her husband, which if left unpaid at the time of marriage should be cleared. Distribution of the wealth before clearing all debts and liabilities is unlawful and should be strictly avoided by the legal heirs.

THE CONCEPT OF THE WILL

If the deceased person has left behind a will, that needs to be honored after the clearing of all debts. However, under Islamic law, only one-third of the deceased’s total assets can be given this way and the remaining assets are to be distributed amongst the rightful legal heirs.

HOW IS THE ESTATE DIVIDED?

Although the division of the estate can differ depending on the sect the deceased belongs to, most commonly, it is distributed in accordance with a hierarchy of three classes of heirs:

  • First-class often referred to as the Quranic Heirs or Sharers; and
  • The second class includes grandparents and siblings. In the absence of siblings, nephews and nieces inherit.
  • The third class includes paternal and maternal aunts & uncles and their descendants.

Six heirs will always inherit if they survive the deceased and these are, husband/wife, son, daughter, father, and mother. A brief understanding is as follows:

  • A husband is entitled to half his deceased wife’s estate if she has no children. If she has children, he is entitled to a quarter share.
  • A wife is entitled to a quarter share of her deceased husband’s estate if she has no children. If she has children, she is entitled to one-eighth.
  • Sons usually inherit twice as much as their sisters when one of their parents dies.
  • The mother and father of the deceased are entitled to one-sixth of the share each if the deceased had children, if the deceased had no children, then the mother is entitled to one-third of the whole estate.

Finally, the disqualification of a rightful heir from inheritance can be enacted in the following two ways

  • A difference in religion between the heir and the parent
  • The homicide of the deceased by the heir

While the most crucial aspects of inheritance distribution have been covered, A more detailed understanding of the lawful ratio of the distribution of wealth in multiple scenarios can be found here.

APPLYING FOR SUCCESSION AFTER THE DEATH OF A DECEASED

Losing a loved one can be an extremely difficult time and the last thing a grieving soul wants to do is deal with the worldly repercussions of the death of their loved one, however, one must conjure the courage to go through with the distribution, as it is an act in the path of Allah.

Although the process used to be extremely tedious in previous years, presently, the process of obtaining the succession of the estate of a deceased person has been fairly simplified through recent legislation and can be followed through a quick five-stage process facilitated by Succession Facilitation Units operated by the National Database Registration Authority (NADRA). If you need more clarity or legal expertise, feel free to reach out to the best lawyers in Pakistan at Sardar & Co who can advise you and help you with the procedure.

DOMESTIC VIOLENCE

Domestic Abuse, Domestic Violence

Domestic violence is a pattern of behavior in familial relationships, used to gain or maintain power and control over an intimate partner. Domestic violence can include physical, sexual, emotional, economic, or psychological actions or threats that influence and terrorize another person. Domestic violence can include frightening, intimidating, manipulating, hurting, humiliating, blaming, hitting, injuring, or wounding someone. Here it is important to note that victims of domestic violence may also include children, relatives, or any other household member.

The Law Against Domestic Violence in Pakistan

Domestic violence is a pervasive issue in Pakistan, with an estimated 40% of women having reported experiencing abuse from a partner or family member. Despite the prevalence of this issue, there are very few laws in place to protect victims. In this article, we’ll explore what the law against domestic violence in Pakistan looks like and how it can be used to protect survivors. We’ll also discuss how NGOs and other organizations are fighting for better legislation and stronger enforcement of existing laws in order to ensure that all women have access to the justice they deserve.

The Types of Domestic Violence

  1. There are four types of domestic violence under Pakistani law: physical, mental, sexual, and economic.
  2. Physical domestic violence is when a person is physically harmed by their intimate partner. This can include hitting, kicking, burning, or using any other type of force against the victim.
  3. Mental domestic violence is when a person is psychologically harmed by their intimate partner. This can include verbal abuse, threats, intimidation, or controlling behavior.
  4. Sexual domestic violence is when a person is forced to participate in sexual activity against their will or without their consent. This can include rape, sexual assault, or unwanted sexual touching.
  5. Economic domestic violence is when a person is financially harmed by their intimate partner. This can include withholding money, preventing the victim from getting or keeping a job, or destroying property belonging to the victim.

The Domestic Violence Act

The Domestic Violence Act was passed in 2010 and criminalizes various forms of domestic violence, including physical, sexual, emotional, and economic abuse. The act also provides for protection orders and redressal mechanisms for victims of domestic violence.

What is considered domestic violence in Pakistan?

Domestic violence is a serious problem in Pakistan. According to a report by the Human Rights Commission of Pakistan, over 1,000 women are killed each year in Pakistan as a result of domestic violence. The problem is exacerbated by the fact that there is no law against domestic violence in Pakistan.

While there is no specific law against domestic violence in Pakistan, there are a number of laws that can be used to prosecute perpetrators of domestic violence. These include the penal code, the criminal procedure code, and the Muslim Family Laws Ordinance.

The penal code contains provisions that can be used to prosecute perpetrators of domestic violence. For example, section 302 of the penal code deals with murder, and section 307 deals with attempted murder. Section 310 deals with hurt caused by dangerous weapons or means, and section 324 deals with voluntarily causing grievous hurt by dangerous weapons or means.

The criminal procedure code contains provisions that deal with procedures for arrests and bail in cases of domestic violence. Section 506 deals with punishment for criminal intimidation, and section 509 deals with punishment for using insulting words or gestures to provoke a breach of the peace.

The Muslim Family Laws Ordinance contains provisions that deal with marriage, divorce, custody, and maintenance in cases of domestic violence. For example, section 496-A deals with dowry demands made after marriage, and section 498-A deals with cruelty by husband or his relatives towards a wife.

Who can file a complaint of domestic violence?

In Pakistan, any woman who is a victim of domestic violence can file a complaint against her abuser. The first step is to contact the police and make a report. Once the police have been notified, they will investigate the abuse and determine whether there is enough evidence to file charges against the abuser. If there are sufficient grounds for doing so, the abuser will be arrested and taken into custody.

The next step is for the victim to file a petition with the court, which will then issue a protection order requiring the abuser to stay away from the victim and her family. The protection order can also include other provisions such as ordering the abuser to surrender any firearms he may have in his possession. If the abuser violates the protection order, he can be arrested and charged with contempt of court.

If you are a victim of domestic violence, it is important to know that you have legal options available to you. You should not hesitate to reach out for help if you are in an abusive situation.

What are the penalties for domestic violence in Pakistan?

Under Pakistani law, domestic violence is a criminal offense. The penalties for domestic violence depend on the severity of the offense and can range from a fine to imprisonment. In some cases, the offender may also be required to pay restitution to the victim.
If you are convicted of domestic violence in Pakistan, you may face any of the following penalties:

  • A fine of up to Rs. 100,000
  • Imprisonment for up to 2 years
  • Restitution to the victim
  • Probation

The Role of Islamic Law in Pakistan’s Legal System

Role of Islamic Laws in Pakistan's legal system

For many in the West, the concept of Islamic law — and its role in the legal systems of Muslim majority countries — is one that’s shrouded in mystery. But for countries like Pakistan, where approximately 96 percent of the population is Muslim, it’s a reality that shapes everyday life. In this blog post, we will explore the role of Islamic law in Pakistan’s legal system, how it has evolved over time, and how it interacts with (and influences) other aspects of Pakistani law. We’ll also discuss how advocates are working to bring awareness to issues related to religious discrimination and inequality within Pakistan’s legal structures. By understanding these topics, we can gain a better understanding of the complexities involved when dealing with Islamic Law and its implications for society.

What is Islamic law?

Islamic law, or Sharia, is the legal framework that governs the Muslim world. It is derived from the Quran and the Hadith, and is based on Islamic principles of justice.

  • Sharia covers all aspects of life, including family law, contract law, criminal law, and financial law. In Pakistan, Sharia is enshrined in the Constitution and forms the basis of the country’s legal system.
  • There are four main schools of thought in Islam: Hanafi, Maliki, Shafi’i, and Hanbali. Each school has its own interpretations of Sharia. In Pakistan, the Hanafi school is followed.
  • Islamic law is not static; it evolves over time in response to changing needs and circumstances. However, certain core principles remain constant, such as the prohibition on murder, theft, and adultery.
  • The role of Islamic law in Pakistan’s legal system is significant; it provides a framework for resolving disputes in accordance with Islamic principles of justice.

History of Pakistan’s Legal System

Pakistan’s legal system has its roots in the British colonial system. After the country’s independence in 1947, the Muslim majority of the population wanted Islamic law to be a part of the new nation’s legal system. This resulted in the incorporation of some Islamic laws into the existing statutory law.

In 1977, a military coup led by General Zia-ul-Haq ushered in a period of Islamization. During this time, more Islamic laws were incorporated into Pakistan’s legal system. In addition, sharia courts were established to hear cases involving family law and other personal status issues.

Although there have been some changes to Pakistan’s legal system since 1997, when civilian rule was re-established, it still remains heavily influenced by Islam. For example, sharia courts continue to operate alongside the regular court system and there are certain areas of law, such as family law and inheritance, that are still governed by Islamic law.

The current Legal system of Pakistan

Pakistan is an Islamic republic with a federal parliamentary system. The Constitution of Pakistan establishes Islam as the state religion and stipulates that all laws must be compatible with Muslim morality. However, the Constitution also guarantees equality and freedom of religion for all citizens.

The legal system of Pakistan is based on English common law, Sharia law, and customary law. Sharia law is derived from the Quran and Hadith (the sayings and actions of the Prophet Muhammad). Pakistani lawyers and judges are trained in both common law and Sharia law.

Customary law consists of local traditions and customs that are not codified in either Sharia or common law. This includes traditional systems of dispute resolution, such as mediation and arbitration.

The court system in Pakistan consists of civil courts, criminal courts, and religious courts. Civil courts deal with matters such as divorce, child custody, property disputes, and contract disputes. Criminal courts deal with crimes such as murder, robbery, and assault. Religious courts deal with questions of personal status, such as marriage, divorce, inheritance, and adoption.

Pakistan has a two-tiered court system: the High Courts are the appellate courts for all lower court decisions; the Supreme Court is the final court of appeal. There is also a Federal Shariat Court, which has jurisdiction over questions of Islamic law.

The structure of the Legal system in Pakistan

The legal system of Pakistan is a combination of both civil law and common law. The Constitution of Pakistan recognizes Islam as the state religion, and provides for a dual system of courts, with both secular and religious courts having Jurisdiction over certain matters.

Islamic law, or sharia, is the primary source of legislation in Pakistan. The Constitution requires that all laws be consistent with sharia, and gives the Council of Islamic Ideology (CII) a mandate to review all legislation to ensure compliance. In addition to serving as an advisory body, the CII also has the power to declare any existing law inconsistent with sharia, which would then be void.

Pakistan’s Supreme Court has held that sharia is a source of inspiration for Pakistani laws, but is not itself binding law. In practice, however, most laws are based on sharia principles. For example, the penal code includes provisions such as stoning for adultery and flogging for alcohol consumption, which are derived from sharia. There is also a separate court system for family law matters such as marriage, divorce, and inheritance, which is based on sharia principles.

The role of Islamic law in Pakistan’s legal system has been controversial. Critics argue that it discriminates against women and non-Muslims, and violates international human rights standards. Supporters contend that it is an important part of Pakistani culture and identity, and provides much needed clarity on personal status issues.

Importance of Islamic Laws in Pakistan

Under the Constitution of Pakistan, Islamic law is a source of legislation and the judiciary has the power to adjudicate disputes in accordance with it. However, the extent to which Islamic law is incorporated into the legal system varies depending on the particular legal issue and the jurisdiction in which it is being considered.

There are four main sources of Islamic law: the Quran, Hadith (sayings and actions of Prophet Muhammad), Ijma (consensus of Muslim scholars) and Qiyas (analogical reasoning). In addition to these, there are also various secondary sources that may be used to interpret and apply Islamic law, such as Fiqh (Islamic jurisprudence), Ijtihad (reasoning by independent legal scholars) and Usul al-Fiqh (the principles of Islamic jurisprudence).

The Quran is considered to be the highest authority in Islam and its verses contain general principles that are applicable to all aspects of life. The Hadith provide more specific guidance on how these principles should be applied in different situations. Where there is no clear guidance from either the Quran or Hadith, Muslim scholars have traditionally relied on consensus (ijma) or analogical reasoning (qiyas) to reach a decision.

In recent years, there has been an increased focus on using ijtihad to interpret Islamic law in a way that is relevant to contemporary issues and problems. This has led to the development of new schools of thought within

What are the pros and cons of Islamic law in Pakistan’s legal system?

There are a number of pros and cons to the role of Islamic law in Pakistan’s legal system. On the plus side, Islamic law is seen as a more equitable and just system than the British-based common law system that was in place before Pakistan’s independence. Islamic law also provides for a higher degree of personal freedoms than common law, particularly with regard to freedom of religion.

On the downside, some argue that the implementation of Islamic law in Pakistan has been imperfect, leading to discrimination against religious minorities and women. There is also concern that the increasing influence of Islamists in Pakistan could lead to further restrictions on personal freedoms and the imposition of strict moral codes.

In conclusion, the role of Islamic law in Pakistan’s legal system is significant and has evolved over time, with its incorporation into the country’s legal system beginning in the post-colonial period and continuing with the Islamization process under General Zia-ul-Haq. Today, Islamic law is recognized as a fundamental part of Pakistan’s legal system and is implemented through the Federal Shariat Court and sharia benches at the provincial and local levels. It covers a range of legal and social issues, including personal status, criminal law, and business transactions. While Islamic law is an important source of legislation in Pakistan, the country’s legal system also includes elements of English common law, customary law, and international law, leading to a complex and multifaceted system. Advocates are working to bring awareness to issues of religious discrimination and inequality within Pakistan’s legal structures, highlighting the ongoing importance and relevance of these issues.

What are Criminal Laws in Pakistan?

Handcuff - Criminal laws

Pakistan’s legal system is based on Islamic law, with criminal laws rooted in sharia. As such, the country has a unique set of laws that govern criminal offenses, punishments and more. In this blog post, we will take a closer look at what criminal laws are in Pakistan and how they differ from those in other countries. We will also discuss why these laws exist and the implications they have for citizens living in Pakistan. Read on to learn more about criminal laws in Pakistan and what they mean to you.

What is Criminal Law?

Criminal law is the body of law that pertains to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. In Pakistan, criminal law is established by the Pakistan Penal Code (PPC), which is a comprehensive code that sets out the criminal offenses and penalties that apply throughout the country.

WHAT ARE THE OBJECTIVES OF CRIMINAL LAW?

The most fundamental objective of criminal-law or the criminal justice system as a whole is to ensure that the guilty are punished and the innocent are acquitted. Criminal law also attempts to protect life and order in society by preventing crime. Above all, the criminal justice system stands on three pillars: investigation, prosecution, and trial which strives for a fair application of the law.

Who is criminal law applied to?

Criminal law is applied to adults (individuals above the age of eighteen), however, due to the method of age determination of children in Pakistan, they can also be considered and treated as adults in criminal-law. This has been internationally condemned and measures are being taken to uphold better practices in child legal law, but unfortunately, about ten percent of the current death row population in Pakistani jails consists of juvenile prisoners.

How is criminal law practically exercised all across Pakistan?

Understanding how criminal law is exercised across Pakistan requires us to delve deeper into the criminal-law system. The Criminal Justice System in Pakistan can be further categorized into five components i.e. the police, judiciary, prisons, prosecution, probation and parole. Moreover, the constitution of Pakistan dictates that the law and order in the country are the responsibility of the provinces that discharge it through their respective provincial governments. The provinces then manage the criminal justice system through the home and prosecution departments and ensure the just application of the law. Federally, there are measures to deal with inter-provincial coordination on criminal matters and it is carried out by the Ministry of Interior, furthermore, departments such as the Federal Investigation Agency (FIA) have been established by the federal government to investigate and prosecute organized crimes of illegal immigration, human trafficking, cybercrime, etc.

While we can endlessly elaborate on the intricate details of the criminal justice system in Pakistan, the crux of the matter is that we need to understand the delegated nature of legislation as a mechanism, and what it means for people upholding the law in different provinces. All across Pakistan, the constitution is upheld, however, the intricate details which can affect a singular case will most likely be defined in the sub-articles and clauses of the provincial criminal-law. Thus, it is crucial to have knowledgeable and experienced representation for your case, which can deal with provincial and federal law complexities.

Issues with criminal law in Pakistan

Pakistan’s criminal justice system, as a whole, performs rather poorly compared to the rest of the world, in the Rule of Law Index for the Year 2017-18, compiled by the World Justice Project, shows that out of the 113 countries that were studied in terms of the overall performance, Pakistan ended up in the lower bracket at 105.  As a whole, there are a number of issues in the perceptions of government accountability, corruption across institutions, bribery victimization, fundamental freedom violations, crime victimization, criminal justice incompetency, and lack of legal awareness.

Although these issues span across the criminal justice system, criminal-law in itself being part of the said system is inherently affected by these issues as well. Keeping these shortcomings of the law in mind is crucial in practicing criminal-law, which is learnt through experience and wisdom of the law.

Who enforces criminal laws in Pakistan?

Pakistan’s criminal laws are enforced by the police. The police are responsible for investigating crimes and arresting suspects. They also work with the prosecutor to bring cases to court.

What are some common Pakistani criminal laws?

There are many different criminal laws in Pakistan, but some of the most common include:

  • Theft
  • Burglary
  • Robbery
  • Assault
  • Battery
  • Rape
  • Murder

What are the penalties for breaking Pakistani criminal laws?

If you break the Pakistani criminal law, you could face a number of penalties. These can include fines, imprisonment, or even execution. The specific penalty will depend on the nature of the crime and the circumstances surrounding it. For example, murder is punishable by death, while kidnapping can result in a prison sentence of up to 14 years.

Are there any exceptions to Pakistani criminal law?

There are a few exceptions to Pakistani criminal law. One exception is if the crime was committed in self-defense. Another exception is if the crime was committed under duress, meaning that the person committed the crime while under threats, violence, constraints, or other actions to coerce them.

What is the legal system in Pakistan?

The legal system of Pakistan is based on English common law, with some influences from Islamic law. The Constitution of Pakistan establishes the fundamental rights and freedoms of Pakistani citizens, and sets out the principles of the country’s legal system.

The Federal Shariat Court has jurisdiction over all civil and criminal matters in which Islam is a party, and can review any legislation to determine whether it is “repugnant to Islam”. All laws must be compatible with the Constitution and the Shariat Court can strike down any law it finds to be contrary to Islam.

Pakistan’s criminal laws are largely codified in the Pakistan Penal Code (PPC), which was enacted in 1860. The PPC covers a wide range of offences, from murder and theft to defamation and public nuisance. Many of these offences are also punishable under Islamic law.

The PPC contains a number of provisions that are specific to Pakistan, such as those relating to terrorism, honour killings and forced marriage. There are also a number of offences that are unique to Pakistan, such as those relating to blasphemy.

At Sardar & Co, clients can find an extremely knowledgeable, dedicated, and professional team of criminal lawyers who have handled numerous criminal cases and miscarriages of justice. Our team of lawyers guarantee that they will defend the rights of their clients in court, seeking to deliver the best possible outcome.

WOMEN’S RIGHT TO DIVORCE IN PAKISTAN – A NEGLECTED PROVISION ON THE NIKAHNAMA

WOMEN’S RIGHT TO DIVORCE

In the past couple of years, we have seen a promising gradual rise in raising awareness of women’s rights in Pakistan, and beyond raising awareness, these movements are slowly moving Pakistan towards implementing regulations that protect and promote women’s rights, such as the bill for Domestic Violence Act 2020.

While having the appropriate legislation is crucial to ensuring women’s rights; societal norms and implementation of laws remain major challenges to overcome. Such is the case of a neglected provision in the Muslim Family Laws Ordinance 1961, which the majority of the women in Pakistan are unaware of and are particularly not told about when it is to be enacted, largely due to cultural and social norms.

According to the Muslim Family Laws Ordinance 1961, Muslim women in Pakistan have the right to divorce their husbands through clause 18 on their Nikah Naama, but most women are unaware of this right. Although this is a right accorded through Islamic law, the patriarchal mindset prevalent in Pakistan presents the largest obstacle towards women learning about and exercising their rights.

Why It’s Now No Longer Added by Women Getting Married?

The Muslim Family Laws Ordinance 1961 states in clause 8:

“Dissolution of marriage otherwise than by talaq.– Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.”

While the Ordinance is still applied to date, this clause has been specifically overlooked for years now, as at this point, families do not even ask the bride and groom if they would prefer to discuss the utilization of the clause. Furthermore, a study suggests that more than 99% of women in Pakistan report that they had not been made aware of the provision for such a clause during their time of marriage, deeming the clause no longer applicable to them as it has already been signed. Moreover, even in courtroom marriages in Pakistan, women have the proclivity to not demand the right to a divorce under clause 18 of the Nikahnama which refers to Section 8 of the Muslim Family Laws Ordinance 1961

While the Muslim Family Laws Ordinance is upheld to this day, its implementation is rarely ever used in Pakistani society, and while we do not encourage the addition of this clause just for the sake of giving women an easier path to divorce, the fact of the matter is that women are simply not being made aware of their legal rights, essentially depriving them of making their own choices.

What Happens if a Woman decides to get a divorce, without availing this right?

Simply put, women who do not avail of their right to divorce under clause 18 of the Nikahnama, have to endure a lengthy and tedious process to formally obtain a divorce. There is the provision of filing for a Khula or judicial divorce. In the case of filing for a Khula or judicial divorcethe dissolution of marriage is initiated by the wife and is granted by the court. The filing of the Khula is preceded by a three to five months long legal process, through which she loses her claim over the dower and – in a few instances – on preservation too. Finally, the woman must visit the Union/Arbitration Council for issuance of the concluding divorce certificates; which is a 90 days procedure in both cases.

Despite the benefits of the Khula and a few different clauses within the nikahnama; in most cases, the procedure of judicial divorce all but unnecessarily elongates the period of marriage, a period of time which could have been preserved if the wife had the right to divorce.

A Solution Towards Upholding Women’s Rights

In spite of the fact that some legal provisions have been made to uphold women’s rights, it is imperative to also ensure women are aware of their rights and are not exploited for their lack of legal knowledge. Furthermore, there are many women’s rights granted in Islam which are often neglected and left unimplemented in the eyes of the law, which should be ratified.

If your marriage seems to be on its last legs and divorce seems to be the only option, make sure to involve a lawyer to overlook your divorce procedures. Reach out to Sardar & Co.’s excellent team of family lawyers who can help you out in such a case. Contact us from anywhere in Pakistan.

HOW TO PREPARE YOURSELF FOR SUCCESS IN CHILD CUSTODY COURT?

Ways to get success in child custody court

Are you gearing up for a child custody battle? The courtroom can be an intimidating place, but preparation is a key to achieving success. To help you navigate the legal system and increase your chances of winning custody of your children, we’ve compiled eight effective tips that will prepare you for success in child custody court. Whether it’s filing documentation, gathering evidence, or presenting yourself confidently in court, these strategies will give you the tools to fight for what’s best for your family. Don’t let uncertainty hold you back – read on to learn how to prepare yourself for success in child custody court!

WHAT IS THE MEANING BY CHILD CUSTODY?

When a couple gets divorced, or if they were never married and they split up, they will have to decide who will get custody of any children they have together. Child custody can be joint, meaning both parents share the responsibility for making decisions about the child’s welfare and lives with the child equally. It can also be sole, meaning one parent has primary responsibility for the child. In some cases, one parent may have physical custody of the child while the other has legal custody. This means that the parent with physical custody provides a home for the child, but the parent with legal custody makes decisions about education, health care, and other important aspects of the child’s life.

WHAT IS THE LAW FOR CHILD CUSTODY IN PAKISTAN?

In Pakistan, the law for child custody is governed by the Muslim Family Laws Ordinance of 1961. Under this law, a mother is entitled to custody of her child until the child reaches the age of seven years. After that, the father has the right to custody. However, in cases where the parents are unable to come to an agreement on custody, the court will make a decision based on what is in the best interests of the child.

There are a few things that you can do to prepare yourself for success in child custody court. First, it is important that you have a clear understanding of the law and your rights under it. You should also be prepared to present your case in a calm and rational manner. It is also helpful to have evidence to support your position, such as witnesses or documentation. Finally, remember that the ultimate goal is to ensure that your child has a safe and happy home life, no matter who has custody.

HOW CAN I GET FULL CUSTODY OF MY CHILD IN PAKISTAN?

There are a few ways to increase your chances of getting full custody of your child in Pakistan. First, you should make sure that you have a strong case for why you should have custody. This may include having a stable home life, being able to provide financially for your child, and having a good relationship with your child. You should also be prepared to present your case in court and to answer any questions the judge may have. Finally, it is important to remember that the decision of who gets custody is ultimately up to the judge, so even if you do everything right, there is no guarantee that you will get custody.

8 WAYS TO PREPARE YOURSELF FOR SUCCESS IN CHILD CUSTODY COURT

If you are facing a child custody battle, there are several things you can do to prepare yourself for success in court. First, it is important to understand the legal process and what to expect. This includes knowing the different types of child custody arrangements and the factors that courts consider when making a decision. It is also helpful to be familiar with the laws in your state.

Second, you should gather all of the relevant information and documents that you will need for your case. This includes any evidence that supports your position, such as medical records or school records. You will also need to provide financial information, such as income tax returns or pay stubs.

Third, you should meet with an experienced child custody attorney to discuss your case and develop a strategy. Your lawyer can help you understand the law and the likely outcome of your case. He or she can also assist you in gathering evidence and preparing for court.

Fourth, it is important to be prepared emotionally for your court battle. This means being able to stay calm and focused during proceedings. It is also helpful to have support from family and friends during this difficult time. Finally, remember that success in court is not guaranteed, but if you are prepared and have a strong case, you increase your chances of winning custody of your children.

FIRST INFORMATION REPORT: WHAT IS FIR?

An Officer Filling FIR

Being a victim to a crime is a demeaning position to be in, but facing that situation in an informed manner, can be the difference in adding to your stress or relieving it. Knowing about the First Information Report (FIR) in Pakistan, is one of the most important things when it comes to handling the aftermath of an incident, and this blog focuses on unravelling all you should know about the First Information Report.

To begin with, let’s understand what a First Information Report (FIR) is; the First Information Report (FIR) is a written document composed by the police when they first receive information about the commission of a cognizable offence. The FIR legally initiates the process of criminal justice in motion for reporting of a cognizable offence, this makes it the most important legal document in reporting a crime.

However, it is important to note that an FIR only pertains to a cognizable offence, as the police only have the authority to start an investigation (without requiring any court orders) for such cases. The difference between types of offences are as follows: Cognizable offences are serious offences, which usually carry the sentence of three years or more, these include: simple injury by a dangerous weapon, rape, attempt to rape and murder. Cognizable offences are offences where the Police can arrest the accused without warrant. Moreover, Non-cognizable offences cannot be investigated by the police without court orders, these include numerous petty offences and certain type of torts; In this case, the police cannot arrest the accused without a warrant issued by the concerned magistrate.

A First Information Report (FIR) will typically contain the following information: name of the person lodging the FIR, address of the person lodging the FIR, date, time and location of the incident being reported, accurate facts about the incident, use of weapons (if any), names and description of the person(s) involved in the incident, names of the witnesses (if any), and addresses of the witnesses (if any).

The time and place for filing an FIR is extremely important as when the situation arises, it is recommended to file an FIR as soon as possible after the commission of a cognizable offence. Any delay in lodging of the FIR can have a negative impact on the case unless the delay is reasonably explained. Legally, there is no deadline – per se – for filing an FIR, whenever one feels they have the information to lodge an FIR regarding a cognizable offense, they should do so. Moreover, you have two methods of filing an FIR: you may physically visit/call a police station or use online electronic FIR facilities. When physically going to or calling a police station, any police station will immediately register your FIR, however, it is recommended to visit or call the police station which has direct jurisdiction of the area where the crime was committed. Alternatively, online portals have been setup to receive complaints by every province in Pakistan, they are accessible through the official websites of provincial law enforcement agencies. These online portals are integrated with NADRA and Police Human Resource Management Information System among others to ensure data integrity across all systems.

Moving on to the procedure for filing and FIR, it is prescribed in Section 154 of the Code of Criminal Procedure, 1898, which highlights a number of fundamental procedures: Firstly, it requires that given a person chooses to administer information of an orally, the police must write it down. Secondly, it states that the person giving the information has the right to demand the police to read over the information recorded on the FIR. Furthermore, it requires the person giving the information to verify the recorded information and sign the document. Finally, it states that it is the right of the person giving information to obtain a copy of the FIR free of cost.

Once an FIR has been registered, your responsibility in reporting the crime is complete, and now it is up to the police to complete their responsibility in bringing justice. The police are legally required to immediately act and investigate the case, the process of investigation will include, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on.

Dealing with crime isn’t easy but having the knowledge on how to make sure you have the best chances of being brought to justice is a favorable spot to be in, we hope by having read a guideline on the First Information Report (FIR), you are where you feel more confident about dealing with a tough situation!

Need a lawyer consultation? Contact us at sardarco.org or call us at +923162155950

What is Corporate Law?

Corporate Laws

Corporate law is a vast field of legal practice that governs the formation, management, and dissolution of corporations. It covers a wide range of legal issues that affect corporations and their shareholders, including contracts, financing, intellectual property, taxation, and securities regulation.

Business corporate law, also known as commercial law, refers to the legal rules and regulations that govern business activities, including the formation, operation, and management of corporations. It encompasses a variety of legal practices, including contract law, tort law, intellectual property law, and employment law.

Types of Corporate Law

There are several types of corporate law that businesses must comply with to operate legally and ethically. Some of the most common types of corporate law include:

  1. Company Law: This is the law that governs the incorporation, operation, management, and dissolution of companies. It includes the Companies Act, 2017, which is the primary legislation governing company in Pakistan.
  2. Securities Law: This is the law that regulates the issuance and trading of securities, such as stocks, bonds, and other financial instruments. The Securities and Exchange Commission of Pakistan (SECP) is the regulatory body responsible for overseeing securities law in Pakistan.
  3. Intellectual Property Law: This is the law that governs the creation, protection, and use of intellectual property, including patents, trademarks, copyrights, and trade secrets.
  4. Contract Law: This is the law that governs the formation, interpretation, and enforcement of contracts between individuals and companies.
  5. Labor Law: This is the law that regulates the relationship between employers and employees, including issues such as minimum wage, working conditions, and benefits.
  6. Tax Law: This is the law that governs the taxation of companies and individuals in Pakistan, including income tax, sales tax, and value-added tax.
  7. Banking Law: This is the law that regulates the banking industry in Pakistan, including the licensing and supervision of banks, the regulation of financial products and services, and the protection of consumer rights.
  8. Competition Law: This is the law that regulates competition and monopolies in Pakistan, including the prevention of anti-competitive behavior and the promotion of fair competition. The Competition Commission of Pakistan (CCP) is the regulatory body responsible for enforcing competition law in Pakistan.

Check out the related article: Corporate vs. Commercial Law

Corporate Law in Pakistan

In Pakistan, corporate law is governed by several statutes, including the Companies Act, 2017, the Securities and Exchange Commission of Pakistan Act, 1997, and the Securities Act, 2015. These laws set out the legal framework for the formation, operation, and management of companies in Pakistan.

The Companies Act, 2017, governs the incorporation, management, and dissolution of companies in Pakistan. It establishes the legal requirements for company formation, including the minimum and maximum number of directors and shareholders, the minimum share capital, and the legal formalities for registration.

Under the Companies Act, 2017, companies are required to file annual financial statements, maintain statutory registers, and hold annual general meetings of shareholders. The act also sets out the legal procedures for the appointment and removal of directors and the payment of dividends to shareholders.

The Securities and Exchange Commission of Pakistan Act, 1997, establishes the Securities and Exchange Commission of Pakistan (SECP), which is responsible for regulating the securities market in Pakistan. The SECP is also responsible for overseeing the formation and registration of companies in Pakistan, as well as enforcing securities laws and regulations.

The Securities Act, 2015, governs the issuance, trading, and disclosure of securities in Pakistan. It sets out the legal requirements for companies to file prospectuses and annual reports, as well as the rules for insider trading and market manipulation.

Corporate law in Pakistan is also influenced by Islamic law, which governs many aspects of business and finance in the country.

Commercial & Corporate Law: What laws does your firm need to abide to?

Commercial and Corporate Law

Getting into sticky situations is part and parcel of running a business, and while for your personal matters you may refer to a friend or someone else you trust, as a business, situations need to be dealt with reliable representation. This is where Lawyer’s come in, but then you need to know exactly what kind of Lawyer would be able to best represent your situation.

The laws that are applied to a business are different from the laws applied to an individual, these laws fall under the titles of Business Corporate Law/Corporate law or Commercial Law. There are differences between Business Corporate Law/Corporate Law and Commercial Law but the two are very closely related.

Is there a difference between corporate law and business corporate law?

Sentences tend to get filled with jargon in the legal world, thus for easier understanding, Business corporate law and corporate law, can be used interchangeably in legal discourse. Essentially, the term Business Corporate Law just adds further clarity to make the subject easier to understand in comparison to corporate law, which can lead to ambiguity at certain times.

What is Corporate Law?

Business Corporate Law (also “corporate law”) is the study or practice of how directors, creditors, shareholders, employees, and other stake holders such as the community, consumers, and the environment interact with each other. Corporate Law allows businesses to make their processes easier.

What is Commercial Law?

Commercial law, is the body of law that applies to the rights which are related to work contracts or the transfer of property. Commercial Law includes: Consumer law, contract law, international trade law, labor law, and property law.

What is the core difference between Business Corporate Law (Corporate Law) and Commercial Law?

The simplest way to explain the difference between Business Corporate law and commercial law, is that corporate law or Business corporate law is designated to the governance and regulation of businesses, while, Commercial law applies to situations in transactions and commercial trading. Reaching out to a commercial lawyer or corporate lawyer will help you in your situation.

Which Lawyers/Law firm do you approach?

Getting the right legal support for corporate law is critical and there are usually multiple options of representation available. Approaching smaller legal firms, that specialize in either business corporate law/corporate law or commercial law, can prove to be fruitful for your business, however, small firms may not be able to provide the expertise for both corporate law and Commercial Law. Larger firms usually possess the expertise in both, Business Corporate Law and Commercial Law, which makes it much more convenient and tactful for a business to get their corporate law needs met by such firms.