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In Pakistan, the sources of law are derived from a combination of legislation, case law, Islamic law, and customary practices. These sources collectively form the legal framework of the country and provide guidance for the judiciary, legal professionals, and citizens. The primary sources of law in Pakistan include:
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1. Constitution of Pakistan: The Constitution is the supreme law of the land and serves as the foundation for all other laws in the country. It establishes the structure and powers of the government, fundamental rights and freedoms of individuals, and sets out the principles of governance.
1. Constitution of Pakistan: The Constitution is the supreme law of the land and serves as the foundation for all other laws in the country. It establishes the structure and powers of the government, fundamental rights and freedoms of individuals, and sets out the principles of governance.
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2. Legislation: Legislation refers to laws enacted by the Parliament or provincial assemblies. The Parliament consists of two houses: the National Assembly and the Senate. The legislative process involves the introduction, discussion, and approval of bills that are then signed into law by the President. Legislation covers a wide range of areas such as criminal law, civil law, administrative law, taxation, labor laws, and more.
2. Legislation: Legislation refers to laws enacted by the Parliament or provincial assemblies. The Parliament consists of two houses: the National Assembly and the Senate. The legislative process involves the introduction, discussion, and approval of bills that are then signed into law by the President. Legislation covers a wide range of areas such as criminal law, civil law, administrative law, taxation, labor laws, and more.
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3. Case Law: Case law, also known as judicial precedent or common law, plays a significant role in shaping the legal system in Pakistan. Judicial decisions made by higher courts establish legal principles that lower courts are bound to follow. The Supreme Court of Pakistan is the highest appellate court in the country and its judgments have binding authority on all other courts.
3. Case Law: Case law, also known as judicial precedent or common law, plays a significant role in shaping the legal system in Pakistan. Judicial decisions made by higher courts establish legal principles that lower courts are bound to follow. The Supreme Court of Pakistan is the highest appellate court in the country and its judgments have binding authority on all other courts.
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4. Islamic Law: Pakistan is an Islamic republic where Islamic principles hold significant importance in shaping its legal system. Islamic law, also known as Shariah law, is derived from the Quran (the holy book of Islam) and Hadith (sayings and actions of Prophet Muhammad). Islamic principles are applied in matters related to family law, inheritance, personal status, and certain criminal offenses.
4. Islamic Law: Pakistan is an Islamic republic where Islamic principles hold significant importance in shaping its legal system. Islamic law, also known as Shariah law, is derived from the Quran (the holy book of Islam) and Hadith (sayings and actions of Prophet Muhammad). Islamic principles are applied in matters related to family law, inheritance, personal status, and certain criminal offenses.
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5. Customary Practices: Customary practices are prevalent in certain regions of Pakistan, particularly in rural areas where tribal customs and traditions hold sway. These customs are recognized by courts in specific cases where they do not conflict with constitutional provisions or established laws.
5. Customary Practices: Customary practices are prevalent in certain regions of Pakistan, particularly in rural areas where tribal customs and traditions hold sway. These customs are recognized by courts in specific cases where they do not conflict with constitutional provisions or established laws.
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6. International Treaties and Conventions: Pakistan is a signatory to various international treaties and conventions, and these agreements form part of the country's legal framework. Treaties ratified by Pakistan become binding on the state and can be invoked in domestic courts.
6. International Treaties and Conventions: Pakistan is a signatory to various international treaties and conventions, and these agreements form part of the country's legal framework. Treaties ratified by Pakistan become binding on the state and can be invoked in domestic courts.
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It is important to note that the interpretation and application of these sources of law are carried out by the judiciary, particularly the Supreme Court of Pakistan, which has the power of judicial review. The court's decisions help clarify legal principles and ensure consistency in the application of law throughout the country.
It is important to note that the interpretation and application of these sources of law are carried out by the judiciary, particularly the Supreme Court of Pakistan, which has the power of judicial review. The court's decisions help clarify legal principles and ensure consistency in the application of law throughout the country.
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