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Title عدالتی استثناء سے متعلق پاکستانی قوانین کا اسلامی تعلیمات کی روشنی میں جائزہ

Author(s) Mr. Muhammad Sharan

Abstract The issue of judicial immunity is legally one of the most debated issues in the world. In general, however, the debate revolves around citizenship and the interests of the nation-state. Religious exceptions are rarely discussed. Since Pakistan is an Islamic country and its constitution states that no law will be enacted against the law within the country, there was a great need to speak in detail on this issue keeping in view the religious point of view? Go especially when the laws of judicial immunity within Pakistan are of colonial pride, then it becomes necessary to discuss the subject in detail. It has been generally observed that judicial immunity is mostly discussed with reference to the rulers, what is the status of the immunity granted to presidents and governors. While the other important aspect of this is also related to the judiciary that the concessions and privileges given to the judges should be related to the judiciary or of an administrative nature, the opinion of Shariah is also important in them. Therefore, there was a need to examine these two aspects in the light of Islamic teachings. The main topics discussed in this article are not of a theoretical nature. On the contrary, in practical terms, the subject has been examined in detail in the light of the laws of Pakistan and there are also references to several cases in order to shed light on the developments on the subject and its implications. The findings of the article are not such that the notion of judicial immunity should be rejected outright. On the contrary, Islam's point of view is based on equality and the results have come out in this context. However, Islam's unequivocal view of the judicial immunity of the rulers is that it is based on inequality and cannot be upheld. However, the concept of judicial immunity for judges and judiciary is not at all unlawful. Pakistan's judicial immunity laws need to be reviewed as there are some issues which are against Islamic teachings and even more inequality in comparison with many western nation states. The article under review covers all aspects from the historical review of judicial immunity to Pakistani law and Shariah perspective. KeyWords: Judicial Exception, Islamic Teachings, Judicial Exception Laws in Pakistan, Comparative Review, Political and Social Implications.

Type Thesis/Dissertation MS

Faculty Social Sciences

Department Islamic thought & Culture

Language Urdu

Publication Date 2022-12-01

Subject Islamic Studies

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