Criminal Procedure is Criminal Justice in Action: Transition to Islamic Criminal Procedure is a Way Forward for Pakistan

Abstract

The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.