Types of Law in Pakistan
Pakistan's law is grouped into areas such as criminal, civil, family and constitutional law, each with its own statutes and courts.
What are the main areas of law in Pakistan?
Constitutional law
Constitutional law is the law of the Constitution of 1973: how the state is organised and which fundamental rights every person has.
Criminal law
Criminal law is the branch of law that defines offences, how they are investigated and tried, and how they are punished.
Civil law
Civil law covers private disputes over money, contracts, property and rights, decided by a civil court through a suit.
Family law
Family law covers marriage, divorce, dower, maintenance, custody of children and related disputes.
Property & rent
Property & rent law covers ownership, transfer, possession and tenancy of land and buildings.
Banking & finance law
Banking law covers lending, loan recovery and the rights of banks and customers, including recovery suits in Banking Courts.
Corporate law
Corporate law covers how companies are formed, run, regulated and wound up.
Tax law
Tax law covers income tax, sales tax and other levies, and how to dispute an assessment.
Labour & service law
Labour & service law covers workers' rights, wages, unions and the terms of government service.
Cyber law
Cyber law covers crimes committed through computers and the internet, such as hacking, online fraud and harassment.
Anti-terrorism & accountability law
Anti-terrorism and accountability law covers terrorism offences tried in Anti-Terrorism Courts and corruption cases brought by NAB in Accountability Courts.
Islamic law
Islamic law in Pakistan is the body of injunctions of Islam that the Constitution makes a test for laws, with the Federal Shariat Court examining laws against them.
Where does Pakistani law come from?
- The Constitution
- The Constitution of 1973 is the supreme law of Pakistan, and every other law must conform to it. A law inconsistent with the fundamental rights is void to that extent (Article 8), and the courts decide such questions.
- Acts of Parliament and provincial assemblies
- Acts are laws passed by Parliament or a provincial assembly. Since the 18th Amendment (2010) the Concurrent Legislative List was abolished: Parliament has exclusive power over the Federal Legislative List, and a provincial assembly over everything else, except criminal law, criminal procedure and evidence, where both may legislate. So subjects such as rent and most labour matters are provincial and differ by province.
- Ordinances
- An Ordinance is a temporary law issued by the President (Article 89) or a Governor (Article 128) when the legislature is not in session. A Presidential Ordinance laid before the National Assembly stands repealed after 120 days unless extended once by a further 120 days, so it lapses unless Parliament passes it as an Act. Some older Ordinances remain in force as laws.
- Rules and regulations
- Rules and regulations are made by the government, a court or a regulator under the power an Act or the Constitution gives. They fill in details, such as court procedure (for example, a High Court may make rules under Article 202), but cannot go beyond the Act.
- Case law
- Judgments of higher courts also make law. Under Article 189, a decision of the Federal Constitutional Court on a question of law binds all other courts including the Supreme Court, and a Supreme Court decision binds all other courts except the Federal Constitutional Court. Under Article 201 a High Court decision binds courts below it.
- Islamic law
- Article 227 says existing laws must be brought into conformity with the Injunctions of Islam and no law may be enacted that is repugnant to them. The Federal Shariat Court can examine whether a law is repugnant to them (Article 203D).
What are the basic distinctions in law?
- Civil vs criminal
- A civil case is between private parties over rights or money, and the remedy is compensation or an order. A criminal case is brought by the State for an offence, and the result can be punishment.
- Public vs private law
- Public law governs the state and its dealings with people, such as constitutional and criminal law. Private law governs relations between individuals, such as contracts, property and family.
- Substantive vs procedural law
- Substantive law defines rights, duties and offences (the Penal Code, Contract Act). Procedural law sets how a case is run (the Code of Criminal Procedure, Code of Civil Procedure).
- Federal vs provincial law
- Federal law is made by Parliament and can apply to the whole country; Parliament has exclusive power over the Federal Legislative List. Provincial law is made by a provincial assembly for its province on all other matters. Criminal law, criminal procedure and evidence are shared. Since the 18th Amendment more subjects, such as rent and most labour matters, are provincial.