15.6 Pakistan:
British Common Law and Sharia

Pakistan provides an example of a system where Islamic law and a Western-style legal system exist together.

It is a parliamentary republic, which means leaders are elected, and laws are created through a legislative process.

Unlike Saudi Arabia and Iran, which are both theocracies, Pakistan does not place all authority in either a monarch or religious leadership. Instead, it combines democratic institutions with Islamic legal principles.

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Pakistan’s government includes:

1. A Prime Minister (head of government, elected through parliament)
2. A President (largely ceremonial head of state)
3. An elected Parliament that creates laws

This structure is similar to many Western democracies.

However, Pakistan’s constitution declares that no law may be passed that is contrary to Islam.

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Pakistan’s legal system is a hybrid system, meaning it blends:

1. British common law (from its colonial history)
2. Sharia (Islamic law)

Most areas of law, such as contracts, criminal law, and government structure, follow a Western-style legal framework. Because of this, Pakistan’s court proceedings (lawyers, cross-examinations, precedents) look very “Western” compared to the more religious-scholar-led proceedings in Saudi Arabia.

However, Sharia still plays a significant role in areas such as:

1. Family law (marriage, divorce)
2. Inheritance
3. Financial regulations (such as interest-free banking in some cases)

Pakistan also has institutions designed to review laws to ensure they do not conflict with Islamic principles. One of the most important institutions is called the Federal Shariat Court.

The Federal Shariat Court has the authority to:

1. Review laws
2. Strike down any law considered “repugnant to Islam”
3. Require the government to modify laws to comply with Islamic principles

This creates a system where Islamic law does not fully replace the legal system, but it can override parts of it.

Pakistan also has a constitutional body that advises Parliament called the Council of Islamic Ideology.

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Pakistan’s system can be understood as one where:

1. Democratic institutions create laws.
2. Islamic principles influence and limit those laws.
3. Courts can enforce compliance with Sharia.

Rather than fully integrating religion into the structure of government (like Iran), or placing it under a single ruler (like Saudi Arabia), Pakistan blends the two systems.

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Pakistan represents a middle ground between Sharia and democracy:

Saudi Arabia → The ruler enforces Islam

Iran → The system enforces Islam

Pakistan → Islam influences and constrains the system

Pakistan demonstrates how a country can maintain democratic institutions while still incorporating Sharia into its legal framework.

In section 15.7, we will look at Indonesia, which represents a system where Sharia plays a more limited role in government.