The Shariah Nizam-E-Adl Regulation 2009*

Article excerpt

A REGULATION

to provide for Nifaz-e-Nizam-e-Shari'ah through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb.

WHEREAS, it is expedient to provide for Nifaz-e-Nizam-e-Shari'ah through Courts in the Provincially Administered Tribal Areas of the North- West Frontier Province except the Tribal Areas adjoining Mansehra district and the former State of Amb;

AND WHEREAS clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Areas, or any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction;

AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good governance of Provincially Administered Tribal Areas or any part thereof;

NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased to make the following Regulations:-

1. Short title, extent and commencement.- (1) This Regulation may be called the Shariah Nizam-e-Adl Regulation, 2009.

(2) It shall extend to the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.

(3) It shall come into force at once.

2. Definitions.- (1) In this Regulation, unless there is anything repugnant in the subject or context,-

(a) "Court" means the court of competent jurisdiction established and designated as such under this Regulation, and includes a court of appeal or, as the case may be, a court of revision;

(b) "Dar-ul-Dar-ul-Qaza" means the final appellate or revisional court, in the said area, designated as such, under this Regulation in pursuance of clause (2) of Article 183 of the Constitution of the Islamic Republic of Pakistan;

(c) "Dr-ul-Qaza" means appellate or revisional Court constituted by Governor of North West Frontier Province in the said area, under clause (4) of the Article 198 of the Constitution of the Islamic Republic of Pakistan;

(d) "Government" means the Government of the North-West Frontier Province;

(e) "paragraph" means a paragraph of this regulation;

(f) "prescribed" means prescribed by rules made under this Regulation;

(g) "Qazi" means a duly appointed judicial officer as specified and designated in column (3) of Schedule II;

(h) "recognized institution" means the Shariah Academy established under International Islamic University Ordinance, 1985 (XXX of 1985) or any institution imparting training in Uloom-e-Shariah and recognized as such by Government;

(i) "Schedule" means a Schedule to this Regulation;

(j) "Shari'ah" means the injunctions of Islam as laid down in Quran Majeed, Sunnah-e-Nabwi (Sallallaho Alaihe Wasallam), Ijma and Qias.

Explanation.- In the application to the personal law of any Muslim sect, the expression "Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam)" shall mean the Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam) as interpreted by that sect.

(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force in the said area. …