livelawpk.com - Section 496-B and 496-C PPC are valid according to Shariah

The Shariah Petition challenging the validity of Section 496-B and 496-C PPC has been dismissed by the Federal Shariat Court of Pakistan

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The Shariah Petition challenging the validity of Section 496-B and 496-C PPC has been dismissed by the Federal Shariat Court of Pakistan.

Islamabad 09-05-2024: The Full Bench of Federal Shariat Court consisting of Mr. Justice Iqbal Hameedur Rahman Chief Justice, Mr. Justice Khadim Hussain M. Shaikh, Mr. Justice Dr. Syed Muhammad Anwer, Mr. Justice Ameer Muhammad Khan while deciding [Shariat Petition No.12-I of 2020], laid down certain principles. The petitioner challenged the legality of certain sections of the Pakistan Penal Code (PPC) and put under question the validity of Sections 496-B and 496-C of the PPC, alleging that these legal provisions are incompatible with Islamic Law as prescribed by the Quran and Sunnah.

In response to the petitions, the Ministry of Law argued that the challenged sections were enacted through proper legislative procedures and were in accordance with the principles of Islam as outlined in the Constitution of Pakistan. The Ministry further contended that distinctions exist between offenses such as rape and fornication, each requiring different standards of proof and carrying different punishments.

After hearing arguments from both sides, the Federal Shariat Court dismissed the petitions. The Court cited previous judgments, notably [PLD 2011 FSC 1], which had already addressed similar issues and upheld the challenged sections as Islamic. The Court deemed the present petitions redundant in light of these past decisions and pending appeals on analogous matters.

The dismissal of the petitions reaffirms the legality of Sections 496-B and 496-C of the PPC and underscores the importance of adherence to established legal precedents in matters concerning Islamic law.