Federal Shariat Court

The Federal Shariat Court (FSC) was established on 26 May 1980 by President General Zia-ul-Haq through the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980), which inserted Chapter 3A (Articles 203A to 203J) into the Constitution of Pakistan, 1973. Its core jurisdiction, defined in Article 203D, is to examine and decide — on its own motion or on a petition by a citizen, the Federal Government or a Provincial Government — whether any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Qur'an and the Sunnah of the Holy Prophet. If a law is found repugnant, the government must amend it; the offending provision ceases to have effect from the date specified in the judgment. The Court grew out of the earlier Shariat Benches of the High Courts created in 1979 and represents the institutional expression of the Islamisation programme pursued under Zia.

The Court is composed of not more than eight Muslim judges, including a Chief Justice, appointed by the President under Article 203C. Of these, up to three must be Ulema well-versed in Islamic law, while the others are drawn from serving or retired judges of the Supreme Court or High Courts. Judges hold office for a term of three years, extendable, a feature distinguishing the FSC's tenure from the security enjoyed by ordinary superior-court judges. Article 203E governs procedure, allowing the Court to appoint Jurisconsults (amici) to assist it. Significantly, Article 203B excludes the Constitution itself, Muslim personal law, the procedure of any court or tribunal, and — until specified periods — fiscal and banking laws from the Court's repugnancy review, narrowing its reach. Appeals from FSC decisions lie to the Shariat Appellate Bench of the Supreme Court under Article 203F. The FSC also exercises revisional jurisdiction over Hudood cases decided under the Offences Against Property Ordinance and the Zina, Qazf, and Prohibition Ordinances of 1979.

Among its landmark pronouncements is the December 1999 judgment in Dr. M. Aslam Khaki v. Syed Muhammad Hashim, declaring riba (interest) in all its forms repugnant to Islam and directing the elimination of interest-based banking — a ruling whose enforcement remained contested, with the Court reaffirming its anti-riba stance in April 2022 and setting a deadline for an interest-free economy. The FSC's review of the Hudood laws and rape evidentiary standards prompted the Protection of Women (Criminal Laws Amendment) Act, 2006. As of 2026 the Court continues to function from Islamabad with circuit benches, periodically issuing suo motu repugnancy findings on matters such as minimum marriage age and family law.

For the CSS Islamic Studies and Pakistan Affairs papers, the FSC is a recurring topic. Candidates should master its constitutional basis (Articles 203A–203J), its composition and the Ulema requirement, the scope and exclusions of its repugnancy jurisdiction, the appeal route through the Shariat Appellate Bench, and the riba judgment as the standard illustrative case. Questions frequently link the Court to Zia's Islamisation drive and ask candidates to evaluate its effectiveness and constitutional limits.