A Comparative Study of Judicial Powers in Islamic Shari‘ah and Pakistani Law ججز کی معزولی سے متعلق شریعت اسلامی اور پاکستانی قوانین کا تقابلی جائزہ

Abstract

The judiciary plays a pivotal role in upholding justice and the rule of law. However, the removal or dismissal of judges is a matter of utmost importance to ensure accountability while safeguarding judicial independence. This article presents a comparative analysis of the dismissal of judges under Islamic law (Shariah) and the legal framework of Pakistan. In Islamic jurisprudence, the dismissal of a judge is guided by principles of justice, integrity, and moral competence, with references from classical jurists such as Imam Abu Yusuf and Imam Al-Mawardi, as well as historical precedents from the Rashidun Caliphate. In Pakistan, the Constitution, particularly Article 209, alongside the Supreme Judicial Council and relevant provisions of the Pakistan Penal Code, provides a procedural framework for investigating misconduct and removing judges. The study highlights similarities and differences in accountability mechanisms, emphasizing that both systems seek to balance judicial independence with accountability, albeit through distinct approaches. This comparative study contributes to a better understanding of the intersection between Islamic principles and contemporary constitutional law regarding judicial discipline.