Comparative Analysis Of Judicial Accountability In Islamic Law And Pakistani Legal System ججز کے احتساب سے متعلق شریعت اسلامی اور پاکستانی قوانین کا تقابلی جائزہ

Abstract

Judicial accountability is a cornerstone of an effective and credible justice system. Judges play a pivotal role in ensuring the rule of law, protection of fundamental rights, and maintenance of public confidence in the judiciary. Both Islamic law and the Pakistani legal system recognize the necessity of holding judges accountable, though they adopt different foundations and mechanisms for this purpose. This article presents a comparative analysis of judicial accountability under Islamic law and Pakistani laws. Under Islamic law, judicial accountability is primarily rooted in moral, ethical, and religious responsibility, emphasizing justice (‘adl), trust (amanah), and accountability before Allah. Classical Islamic jurists laid down strict qualifications for judges and allowed their removal in cases of injustice, corruption, or incompetence, with institutions such as Diwan al-Mazalim serving as oversight mechanisms. In contrast, the Pakistani legal framework establishes judicial accountability through constitutional provisions, particularly Article 209 of the Constitution of Pakistan, which provides for the Supreme Judicial Council as the primary body to inquire into misconduct or incapacity of superior court judges. The Pakistani system seeks to balance accountability with judicial independence through due process and procedural safeguards. The study concludes that while Islamic law emphasizes internal and moral accountability, Pakistani law relies on institutional and legal mechanisms. A harmonized approach combining ethical principles of Islamic law with constitutional safeguards of the Pakistani system may strengthen judicial accountability and enhance public trust in the judiciary.