Monday, 2 January 2012

Preamble of the Constitution of Islamic Republic of Pakistan

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an order :-
Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;
Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;
Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :
Now, therefore, we, the people of Pakistan,
Cognisant of our responsibility before Almighty Allah and men;
Cognisant of the sacrifices made by the people in the cause of Pakistan;
Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;
Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;
Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

Sunday, 1 January 2012

What to do when husband pronounces Talaq

Talaq is something not considered good in Islam and in many other religions. As far as Pakistani law is concerned then it has different procedures of talaq according to different religions. There are personal laws of various religions in Pakistan which are seperately applicable.
The Holy Quran says "Talaq is twice". The husband has to leave the wife or to reconcile with her once he gives her divorce twice. There are three kinds of divorce under the Muslim Family Laws which are Talaq-e-Ahsan, Talaq-e-Bayn and Talaq-e-Bidat.
According to the law once the husband pronounces talaq then he is liable to submit a notice of the same in the arbitration council. If he doesn't then the wife can submit that notice where the arbitration council will send notices to the parties for reconciliation. If no reconciliation takes place between the parties then talaq becomes irrevocable on the expiry of 90 days.

Why justice is delayed in Pakistan

There is a famous legal maxim that says "Justice Delayed is Justice Denied". That maxim is very much practical and true in reality. When justice is delayed then in most of the cases there is no way by which courts can give remedy to the person sustaining loss.
Justice is delayed in many countries of the world and Pakistan is not an exception. However a fact is that justice is delayed only in few cases in the developed countries while its delayed in most cases in the poor countries like Pakistan. There are many reasons for that.
One of the basic reasons of delay of justice in Pakistan is that the British made laws which are still applicable in the country. British enacted Code of Civil Procedure in the year 1908, the Criminal Procedure Code in 1898, Pakistan Penal Code which was originally Indian Penal Code in 1860 and similarly the list of laws keeps going that way.
All the British enacted laws have loopholes that were present there when they were originally enacted. There loopholes have turned into major blunders over the passage of time which has corrupted the system. There are people that even say that there is no system of justice existing in Pakistan at the moment. They are right up to a great extent because these old laws are of no use in modern day life.

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Salman Yousaf Khan
International Lawyer