Pakistan’s legal history is a rich tapestry, woven from the threads of colonial legacy, Islamic principles, and indigenous customs. This article delves into the significant milestones and transformations that have shaped the country’s legal landscape.
Pre-Independence Era (1857-1947)
During British colonial rule, Pakistan was subject to the Indian Penal Code (1860) and the Code of Criminal Procedure (1898). The British imposed their legal system, which coexisted with Islamic law and local customs.
Independence and Early Years (1947-1956)
After Pakistan gained independence in 1947, the country inherited the British legal framework. The Objectives Resolution (1949) laid the foundation for an Islamic state, paving the way for the incorporation of Islamic principles into the legal system.
Constitutional Developments (1956-1973)
The first Constitution (1956) established Pakistan as an Islamic Republic, with Islamic law as a source of legislation. The Constitution of 1962 and the interim Constitution of 1972 further solidified Islamic principles in the legal framework.
Islamic Revolution (1973-1977)
The government of Zulfikar Ali Bhutto introduced the Islamic laws of Evidence (Qanun-e-Shahadat) in 1973, followed by the Enforcement of Shariah Act (1976). These measures aimed to align the legal system with Islamic principles.
Military Rule and Legal Reforms (1977-1988)
General Zia-ul-Haq’s regime introduced significant legal reforms, including the establishment of the Federal Shariat Court (1980) and the Enforcement of Shariah Ordinance (1981). These measures further Islamized the legal system.
Post-Zia Era (1988-1999)
The government of Benazir Bhutto and Nawaz Sharif introduced reforms, including the establishment of the National Commission on the Status of Women (1989) and the Pakistan Legal Aid and Justice Authority (1994).
Contemporary Era (2000-Present)
Recent years have seen significant developments, including the passage of the Protection of Women (Criminal Laws Amendment) Act (2006), the 18th Constitutional Amendment (2010), and the Pakistan Penal Code (Amendment) Ordinance (2020).
Conclusion
Pakistan’s legal history reflects a continuous quest to harmonize Islamic principles, colonial legacy, and indigenous customs. From the early years of independence to the present day, the country has navigated a complex journey of legal evolution, shaping the fabric of its judicial system.
Written by:
Advocate Saad Maher
