Islamic Approach towards the Fundamental Rights Regarding Arrest and Detention

Abstract

Pakistan is an Islamic state which came into being in the name of Islam. The state religion is Islam according to the Constitution of the Islamic Republic of Pakistan. According to the constitution, no law can be enacted in Pakistan against the teachings laid down by Quran and Sunnah. The reason why any legal research is incomplete without discussing the Islamic Perspective is incorporated in Article 228 of the Constitution, according to which all the laws must be in conformity with the injunctions of Islam. 14 centuries ago, Islam gave a complete code of conduct for the entire humanity. This means, that when no such formal developed legal systems were present, Islam came forward for the protection of the rights of people. Quran and Sunnah constitute the primary sources of Islamic law. The reason behind this is quite genuine, the divine message from Allah Almighty is present in the shape of the Holy Quran, and that message is translated by the Holy Prophet (PBUH) which is called Sunnah. Islamic law derives its authority from these two primary sources. This research which aims to discuss the Enforced disappearances rotates around basic Human Rights such as the right to a fair trial, the right to due process of law, the right to protection from arbitrary arrests etc. As already discussed, any research is incomplete without being validated by Islamic law.