Jurisdiction of Civil Courts under Sharī‘ah and Law in Pakistan

Abstract

Procedure plays a key role in any judicial system. One of the main objective of Islamic law of procedure is to provide aggrieved people an easy and prompt access to justice. For achieving this ends, Sharī‘ah has discussed in detail the jurisdiction of courts which is the most important question in the Islamic law of procedure. Here we discuss only civil courts jurisdiction in respect of Sharī‘ah and law in Pakistan. In such a situation many questions arises. A question arises when jurisdiction of court for hearing is established? In which conditions civil court has no hearing jurisdiction? The question also arises where should a plaintiff file the suit? Should he file his suit in the court within the jurisdiction of which he himself resides? Or he should file his suit in the court within the jurisdiction of which the defendant resides? 

Questions about Res sub-Judice, Res-Judicata and bar to further suit are also arises. Whether foreign courts decisions will be absolutely effective or non-effective in Sharī‘ah and Law in Pakistan? In which stage Party can raise objection regarding jurisdiction of civil court. Application for transfer of suit will refer to appellant court or High court. And empowers the court to accept the application of transfer of the suit and suitable orders may be passed by concerned court. These all questions will be discussed in detail in the coming paragraphs.