Petition before Federal Shariat Court (Article 203D)

IN THE FEDERAL SHARIAT COURT OF PAKISTAN, ISLAMABAD

Shariat Petition No. _____ of year Under Article 203D of the Constitution of the Islamic Republic of Pakistan 1973

petitioner_name, son / daughter of petitioner_father, holder of CNIC No. petitioner_cnic, resident of petitioner_address, occupation petitioner_occupation ... Petitioner

VERSUS

1. The Federation of Pakistan, through the Secretary, Ministry of Law and Justice, Islamabad 2. department_concerned, through its Secretary, department_address ... Respondents

PETITION UNDER ARTICLE 203D OF THE CONSTITUTION CHALLENGING THE PROVISIONS OF impugned_law AS REPUGNANT TO THE INJUNCTIONS OF ISLAM

Respectfully sheweth:

1. That the petitioner is a Muslim citizen of Pakistan and is approaching this Honourable Court in exercise of his right to invoke the jurisdiction of the Federal Shariat Court under Article 203D of the Constitution of the Islamic Republic of Pakistan 1973, to seek a declaration that the provisions of impugned_law, particularly impugned_provisions, are repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet (peace be upon him).

2. That the impugned law / provisions, in their present form, prescribe / permit / authorise the following: impugned_law_summary. The said provisions, on their plain reading, are inconsistent with the foundational injunctions of Islam in respect of subject_matter, as is detailed in the grounds set out hereunder.

3. That the constitutional jurisdiction of this Honourable Court flows from Article 203D of the Constitution, which casts upon this Honourable Court the duty to examine and decide whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and Sunnah, and to give such directions as may be appropriate so as to bring the law into conformity with the said Injunctions.

4. That the petitioner challenges the impugned provisions on, inter alia, the following grounds, without prejudice to one another:

GROUNDS

(a) That the impugned provisions are repugnant to the express injunctions of the Holy Quran, as evidenced by, among others, the verse(s) cited herein: quranic_references, which clearly establish the position contrary to that taken by the impugned provisions.

(b) That the impugned provisions are inconsistent with the established Sunnah of the Holy Prophet (peace be upon him), as preserved in the authentic ahadith and recorded in the canonical compilations, particulars whereof are set out at: sunnah_references.

(c) That the impugned provisions are inconsistent with the consensus (Ijma) of the classical jurists across the four major schools of Islamic jurisprudence on the subject, the position of which is detailed at: ijma_references.

(d) That the impugned provisions are also inconsistent with the precedents of this Honourable Court and the Shariat Appellate Bench of the Supreme Court on the same and related questions, as set out at: precedent_references.

(e) That the impugned provisions, by their continued operation, are causing injury to the rights of citizens guaranteed under Article 2A read with the relevant fundamental rights provisions of the Constitution, in the following manner: injury_to_citizens.

5. That the petitioner has not earlier moved any other forum or instituted any other proceedings in respect of the same subject matter. The petitioner has filed the present petition bona fide and in the public interest, with no personal benefit accruing to him beyond his entitlement as a citizen and a Muslim to challenge laws inconsistent with the Injunctions of Islam.

6. That, in compliance with the prescribed procedure, the present petition is supported by an affidavit and accompanied by attested copies of the impugned provisions, the relevant religious texts, the relied-upon precedents, and any other document referenced in the body of the petition or the grounds.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Declare that the impugned provisions of impugned_law, particularly impugned_provisions, are repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet (peace be upon him);

(b) Direct the Federal Government / the appropriate legislature to take the necessary steps to amend / rectify the impugned provisions so as to bring them in conformity with the Injunctions of Islam, within such time as this Honourable Court may specify;

(c) Issue any consequential or interim direction necessary to safeguard the rights of citizens during the pendency of the legislative amendment;

(d) Award costs of the petition; and

(e) Pass any other order which this Honourable Court may deem just and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above petition are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner Through: _____________________________ counsel_name Advocate