Abstract
Although Pakistan is considered as one of two states created in name of religion and concieved to be a place where Islam and other religions can be prcticed without fear and repraisal, yet the development of Shariah principles in the legal arena of country and the fabric of society is far from achievable. Fair Trial rights have remained at the backstage of legal concerns in the country, largely considered as a ‘luxury’ of developed societies. Yet the introduction of Article 10-A has started the conformation of basic rights in Pakistan. Although human value and integrity is at the core of rights developed in Shariah, yet the inclusion and provision of fair trial rights in Pakistan needs much improvement and adaptation.
Highlights
Later on, through article 2-A, it was made a substantive part of the constitution.[29]
It was but a natural demand that all existing laws shall be made in accordance with the teachings and guidelines of Islam[31] and no law shall be decreed which is unacceptable to such injunctions.32” the recommendations by the objective resolution and the Islamic provisions were adopted in all the three Constitutions of Pakistan, a big support to this adoption was the rights provided in international covenants and statutes at international organizations around the same time line starting from 1945 to 1948 and so on
The ideology Council is tasked with making Islamic laws as well as adapting existing laws according to Islamic provisions have no binding effect on the Government, thereby reducing it to a mere suggesting body.34” The successive governments in Pakistan, belonging to different modes of governance, has personal preference and liking evident in constitutional amendments, especially in case of Islamization of existing laws
Summary
Through article 2-A, it was made a substantive part of the constitution.[29].
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