Editing Politics of Pakistan (section)

===Federal Shariat Court of Pakistan===

The [[Federal Shariat Court]] (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Of the eight judges, three are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of three years, which may eventually be extended by the President.
Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of three Muslim judges of the Supreme Court and two Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take the necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in society. Created as an Islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
In the past, this court was used as a refuge for the recalcitrant judges. And whereas some of its judgments, particularly the ones which rely on the Islamic concept of equity, justice and fair play, expanded and enlarged the scope and contents of individual's rights were commended, others that tend to restrict the rights of women, are severely criticised and deplored.