The Shariah Status of Suo Motu Action: An Analytical Study in the Light of Fiqh and the Judicial System of Pakistan سوموٹو ایکشن کی شرعی حیثیت:فقہی اور پاکستانی نظام عدل کی روشنی میں ایک تجزیاتی مطالعہ

Abstract

Suomoto action is a legal and judicial concept that empowers courts to initiate proceedings on their own, even in the absence of a formal complaint by any party. This principle is primarily designed to safeguard public interest and ensure the delivery of justice in cases where legal gaps or inactivity may hinder fair adjudication. In Islamic jurisprudence, the responsibility of a judge (Qazi) is intrinsically linked to the protection of public rights. Judges are not only authorized to resolve disputes between parties but, under certain circumstances, can also act proactively for public welfare based on wisdom and justice.

This article provides an analytical study of the Shariah and jurisprudential perspective on Suomoto action, with a particular focus on the Hanafi school of thought, to examine the extent to which a judge can initiate judicial proceedings for public interest. Furthermore, the practical implementation and legal framework of Suomoto action within the Pakistani judicial system are explored, including the constitutional provisions, Supreme Court and High Court judgments, and historical judicial practices. The objective of this study is to demonstrate that Suomoto action is not merely a judicial prerogative but also a mechanism to uphold public interest and judicial accountability. Through a comparative analysis of classical Islamic jurisprudence and Pakistani laws, this article evaluates the coherence, legitimacy, and effectiveness of Suomoto action in promoting proactive judicial intervention and ensuring justice.