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Constitutional Law Notes and Topics on Const Law

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Old Saturday, October 16, 2010
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Default Un Islamic features of Pakistani Law.

Identify the un-Islamic features of pakistani Law.
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Old Saturday, October 16, 2010
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Originally Posted by Khurshid.A.Mahsud View Post
Identify the un-Islamic features of pakistani Law.
point out any one? in pakistan constituion r in Statutory laws?
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Old Sunday, October 17, 2010
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Article 6 of the constitution is against the spirit of Islam.

Court Fee is against the spirit of Islam.
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Article 248 of the constitution is against the spirit of Islam because Islam does not support discrimination on any ground.Immunity given to president under the said article is therefore not Islamic because we have the examples of Caliphs appearing before ordinary courts.

Here let me quote Sarojini Naidu, a distinguished poetess:

" The democracy of Islam is embodied five time a day when the
peasant and the king kneel side by side and proclaim,'Allah
alone is great'."

So, in my opinion A248 should be scrapped from the constitution.


Court Fee is also not in accordance with the true spirit of Islam for the reason that PROVIDING JUSTICE is one of the reasons for the existence of state in Islam. And JUSTICE SHOULD BE PROVIDED TO EVERYONE FREE OF COST. Therefore, i believe that Court Fee should also be done away with.

I am researching on this topic and would share more in future posts. Your comments are always welcome.
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Originally Posted by Khurshid.A.Mahsud View Post
Article 6 of the constitution is against the spirit of Islam.

Court Fee is against the spirit of Islam.


Correction:
Its not Article 6 but Article 248 which deals with immunity of president and hence against the spirit of Islam. Sorry for mistake.
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I have found another article in the constitution which is against the spirit of Islam. This is Article 45 which lays down;"The President shall have the power to grant pardon,reprieve and respite and to remit, suspend or commute any sentence passed by any court, tribunal or other authority."
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Quote:
Originally Posted by Khurshid.A.Mahsud View Post
Article 248 of the constitution is against the spirit of Islam because Islam does not support discrimination on any ground.Immunity given to president under the said article is therefore not Islamic because we have the examples of Caliphs appearing before ordinary courts.
I think it otherwise.. Because there is something in constitutional practice known as 'convention' which has strong basis in the constitution of UK which is an unwritten. But we find the same thing in the constitution of USA as well. For example, 'contesting only two terms of presidential elections before FDR and now part of constitution'. Here I want to make it clear that there are other conventions but I can't recall.Any ways, our point is that although immunity is provided to President BUT if he dares to present in front of court then there is no provision to stop him from doing so.

As a result, we could conclude that 248 is to avoid over mess but, convention should be established that when ever a President is summoned by the Court he should present himself.

This is how I analyse it. Comments are welcomed.
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Originally Posted by jumpstart View Post
I think it otherwise.. Because there is something in constitutional practice known as 'convention' which has strong basis in the constitution of UK which is an unwritten. But we find the same thing in the constitution of USA as well. For example, 'contesting only two terms of presidential elections before FDR and now part of constitution'. Here I want to make it clear that there are other conventions but I can't recall.Any ways, our point is that although immunity is provided to President BUT if he dares to present in front of court then there is no provision to stop him from doing so.

As a result, we could conclude that 248 is to avoid over mess but, convention should be established that when ever a President is summoned by the Court he should present himself.

This is how I analyse it. Comments are welcomed.
I agree with you. A convention to qualify the immunity under Article 248 would surely make it in accordance with Islam.
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