Some Common Concepts and Terms in the Pakistani Legal System

Q & A

1. What is Sharia law in Pakistan? Sharia law in Pakistan is derived from the Quran and Sunnah and influences many aspects of legal proceedings, particularly in personal and family law matters.
2. What does “Stare Decisis” mean? Stare Decisis is a legal principle meaning that courts should follow precedents set by previous decisions to ensure consistency and predictability.
3. What is Nizam-i-Mustafa? Nizam-i-Mustafa refers to governance based on Islamic principles, as promoted during General Zia-ul-Haq’s regime.
4. What is the Pakhtunwali code? Pakhtunwali is the traditional code of conduct among Pakhtun tribes, emphasizing hospitality, justice, and honour.
5. What is Zakat in the context of Pakistani law? Zakat is an Islamic alms-giving system that forms part of the social welfare framework in Pakistan.
6. Who are Ulama? Ulama are Islamic scholars who interpret religious texts and provide guidance on Sharia law.
7. What is a Jirga? A Jirga is a traditional tribal assembly that resolves disputes through consensus, particularly in rural areas.
8. What are Qisas and Diyat? Qisas and Diyat are Islamic laws dealing with retributive justice and compensation, respectively, in cases of murder and bodily harm.
9. What is a Writ of Habeas Corpus? A Writ of Habeas Corpus is a legal action that requires a person under arrest to be brought before a judge to secure their release unless lawful grounds are shown for their detention.
10. What is a Declaratory Judgment? A Declaratory Judgment defines the legal position or the rights of the parties without ordering any specific action or awarding damages.
11. What constitutes a “Decree” in civil litigation? A decree is a formal expression of an adjudication that conclusively determines the rights of the parties in a suit, either preliminary or final.
12. What is the significance of a “Preliminary Decree”? A preliminary decree requires further proceedings to completely dispose of the suit, affecting its executability and subsequent legal process.
13. How are “Foreign Decrees” treated in Pakistan? Foreign decrees are typically not executable in Pakistan but can influence subsequent judgments.
14. What is “Mesne Profits”? Mesne profits refer to the profits from property wrongfully possessed, which the possessor actually received or could have received with ordinary diligence, along with interest.
15. What is the role of a “Decree-Holder”? A decree-holder is a person in whose favor a decree has been passed or an order capable of execution has been made.
16. What does “Stare Decisis” ensure in the legal system? It ensures consistency and predictability by requiring courts to follow precedents set by previous decisions.
17. What is the function of the “High Court” in Pakistan? The High Courts exercise general control over the administration of justice within their respective provinces and act as appellate courts for civil and criminal matters.
18. What are the main classes of “Civil Courts” in Pakistan? The main classes are the Court of District Judge, the Court of Additional District Judge, and the Civil Court.
19. What is the “Code of Criminal Procedure” in Pakistan? The Code of Criminal Procedure, 1868, lays down the procedural law for criminal cases, while the Pakistan Penal Code, 1860, defines crimes and their punishments.
20. What are “Special Courts” in Pakistan? Special Courts and Tribunals are established to deal with specific matters such as Income Tax, labour disputes, family matters, and anti-terrorism cases.
21. What is the “Federal Shariah Court”? The Federal Shariah Court examines whether laws are repugnant to the injunctions of Islam as laid down in the Quran and Sunnah.
22. What is the “Jirga System”? The Jirga system is a local body for adjudicating disputes, particularly in KPK and Baluchistan, consisting of community elders who resolve minor offenses.
23. What is a “Sale Deed”? A sale deed is a legal document that serves as evidence of the transfer of property ownership from the seller to the buyer.
24. What is “Stamp Duty”? Stamp duty is a tax levied on property transactions, usually paid by the buyer, making the document legally valid.
25. What is the importance of “Building Plan Approval”? Building plan approval from the concerned authority is mandatory before starting construction to avoid legal complications.
26. How are “Land Records” maintained in Pakistan? Land records are maintained by the district administration’s revenue department, crucial for determining ownership and boundaries.
27. What does “Mortgaged Properties” mean? Properties under mortgage cannot be sold without settling the outstanding loans or mortgages.
28. What is a “Judgment-Debtor”? A judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made.
29. What are “Movable Properties”? Movable properties include tangible assets like growing crops that can be transferred from one place to another.
30. What is the role of a “Public Officer”? Public officers include judges and persons in the service of Pakistan, involved in the implementation of various legal functions.
31. What is “Ad Valorem Court Fees”? Ad valorem court fees are charges based on the value of the property or transaction involved in a legal proceeding.
32. What is a “Preliminary and Final Decree”? A preliminary decree requires further proceedings, while a final decree completely disposes of the suit.
33. What are “Judicial Precedents”? Judicial precedents are previous court decisions that guide subsequent rulings on similar legal issues.
34. What is a “Collusive Decree”? A collusive decree is a judgment obtained through deceit or mutual agreement between parties to gain an unfair advantage.
35. What is the role of “Government Pleader”? A government pleader represents the provincial government in legal proceedings, as defined by the Code of Civil Procedure.
36. What is a “District” under the CPC? A district refers to the local limits of the jurisdiction of a principal civil court of original jurisdiction.
37. What is a “Foreign Court”? A foreign court is a court situated outside Pakistan with no authority within the country.
38. What is a “Foreign Judgment”? A foreign judgment is the decision of a court outside Pakistan, which may influence local legal proceedings.
39. What is the purpose of “Declaratory Judgment”? A declaratory judgment clarifies the legal rights and obligations of the parties without ordering any specific action.
40. What is a “Demurrer”? A demurrer is a court order stating that the alleged facts are true but do not constitute grounds for a legal claim.
41. What is a “De Novo Trial”? A de novo trial is a new trial conducted as if no previous trial had occurred, ordered by an appellate court.
42. What is “Dicta”? Dicta are opinions or remarks by a judge that are not binding as legal precedent.
43. What is a “Directed Verdict”? A directed verdict is issued when the party with the burden of proof fails to present a prima facie case for jury consideration.
44. What does “En Banc” mean? En Banc refers to a case heard or re-heard by the full bench of judges rather than a panel.
45. What is an “Injunction”? An injunction is a writ prohibiting a party from performing a specific act or commanding them to undo some wrong.
46. What is “Ex Contractu”? Ex Contractu refers to legal actions arising out of a contract or breach of promise.
47. What is “Ex Delicto”? Ex Delicto refers to legal actions due to misconduct or fraud beyond the terms of a contract.
48. What is “Ex Ante”? Ex Ante refers to before the fact or event in question has occurred.
49. What is “Ex Post”? Ex Post refers to after the fact or event in question has occurred.
50. What is a “Finding”? A finding is a formal decision by a judge or jury on a question of fact.
51. What is a “Holding”? A holding is a court’s legal principle derived from its decision, binding on lower courts.
52. What is a “Legal Representative”? A legal representative is a person who legally represents the estate of a deceased person.
53. What is a “Movable Property”? Movable property includes items that can be physically moved from one place to another.
54. What is an “Order”? An order is a formal expression of any decision of a civil court that is not a decree.
55. What is a “Pleader”? A pleader is any person entitled to appear and plead for another in court, including advocates and attorneys.
56. What is a “Public Officer”? A public officer is an individual holding an official position, including judges and persons in public service.
57. What is a “Prima Facie Case”? A prima facieI will provide a detailed list of 100 questions and answers regarding common local legal concepts and terms in Pakistan. This will be a comprehensive guide, structured to cover a wide array of legal areas, including definitions, processes, and procedural nuances.
58. What is Sharia law in Pakistan? Sharia law in Pakistan is based on Islamic principles derived from the Quran and Sunnah, influencing many aspects of personal and family law.
59. What does “Stare Decisis” mean? Stare Decisis is a legal doctrine requiring courts to follow precedents set by previous decisions to ensure consistency in the legal system.
60. What is Nizam-i-Mustafa? Nizam-i-Mustafa refers to governance according to Islamic principles, particularly under the regime of General Zia-ul-Haq.
61. What is Pakhtunwali? Pakhtunwali is a traditional code of conduct followed by Pakhtun tribes, emphasizing values like hospitality and honour.
62. What is Zakat? Zakat is an Islamic system of almsgiving, which is a mandatory charitable contribution based on wealth.
63. Who are Ulama? Ulama are Islamic scholars who interpret religious texts and provide guidance on matters of Sharia law.
64. What is a Jirga? A Jirga is a traditional assembly of tribal leaders who resolve disputes through consensus, particularly in rural areas.
65. What are Qisas and Diyat? Qisas and Diyat are Islamic laws dealing with retributive justice and compensation in cases of murder and bodily harm.
66. What is a Writ of Habeas Corpus? A Writ of Habeas Corpus is a legal order requiring a person under arrest to be brought before a judge to ensure lawful detention.
67. What is a Declaratory Judgment? A Declaratory Judgment clarifies the legal rights and obligations of parties without ordering any specific action.
68. What constitutes a “Decree” in civil litigation? A decree is a formal expression of an adjudication that conclusively determines the rights of the parties in a suit.
69. What is a “Preliminary Decree”? A preliminary decree requires further proceedings for the complete disposal of the suit.
70. What is a “Final Decree”? A final decree completely disposes of the suit and requires no further proceedings.
71. How are “Foreign Decrees” treated in Pakistan? Foreign decrees are typically not executable in Pakistan but may influence subsequent judgments.
72. What is “Mesne Profits”? Mesne profits are profits derived from property wrongfully possessed, along with interest.
73. What is the role of a “Decree-Holder”? A decree-holder is a person in whose favour a decree has been passed or an order capable of execution has been made.
74. What does “Stare Decisis” ensure in the legal system? It ensures consistency and predictability by requiring courts to follow precedents set by previous decisions.
75. What is the function of the “High Court” in Pakistan? The High Court exercises general control over the administration of justice in its respective province and acts as an appellate court for civil and criminal matters.
76. What are the main classes of “Civil Courts” in Pakistan? The main classes are the Court of District Judge, the Court of Additional District Judge, and the Civil Court.
77. What is the “Code of Criminal Procedure” in Pakistan? The Code of Criminal Procedure, 1868, lays down procedural law for criminal cases, while the Pakistan Penal Code, 1860, defines crimes and their punishments.
78. What are “Special Courts” in Pakistan? Special Courts are established to deal with specific matters such as income tax, labour disputes, family matters, and anti-terrorism cases.
79. What is the “Federal Shariah Court”? The Federal Shariah Court examines whether laws are repugnant to the injunctions of Islam as laid down in the Quran and Sunnah.
80. What is the “Jirga System”? The Jirga system is a local body for adjudicating disputes, especially in KPK and Baluchistan, consisting of community elders who resolve minor offenses.
81. What is a “Sale Deed”? A sale deed is a legal document that evidences the transfer of property ownership from the seller to the buyer.
82. What is “Stamp Duty”? Stamp duty is a tax levied on property transactions, usually paid by the buyer to validate the transaction.
83. What is the importance of “Building Plan Approval”? Building plan approval from the concerned authority is mandatory before starting construction to avoid legal complications.
84. How are “Land Records” maintained in Pakistan? Land records are maintained by the district administration’s revenue department, crucial for determining ownership and boundaries.
85. What are “Mortgaged Properties”? Properties under mortgage cannot be sold without settling the outstanding loans or mortgages.
86. What is a “Judgment-Debtor”? A judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made.
87. What is “Movable Property”? Movable property includes tangible assets that can be physically moved from one place to another.
88. What is the role of a “Public Officer”? Public officers include judges and persons in the service of Pakistan, involved in the implementation of various legal functions.
89. What is “Ad Valorem Court Fees”? Ad valorem court fees are charges based on the value of the property or transaction involved in a legal proceeding.
90. What is a “Preliminary and Final Decree”? A preliminary decree requires further proceedings, while a final decree completely disposes of the suit.
91. What are “Judicial Precedents”? Judicial precedents are previous court decisions that guide subsequent rulings on similar legal issues.
92. What is a “Collusive Decree”? A collusive decree is a judgment obtained through deceit or mutual agreement between parties to gain an unfair advantage.
93. What is the role of a “Government Pleader”? A government pleader represents the provincial government in legal proceedings, as defined by the Code of Civil Procedure.
94. What is a “District” under the CPC? A district refers to the local limits of the jurisdiction of a principal civil court of original jurisdiction.
95. What is a “Foreign Court”? A foreign court is a court situated outside Pakistan with no authority within the country.
96. What is a “Foreign Judgment”? A foreign judgment is the decision of a court outside Pakistan, which may influence local legal proceedings.
97. What is the purpose of “Declaratory Judgment”? A declaratory judgment clarifies the legal rights and obligations of the parties without ordering any specific action.
98. What is a “Demurrer”? A demurrer is a court order stating that the alleged facts are true but do not constitute grounds for a legal claim.
99. What is a “De Novo Trial”? A de novo trial is a new trial conducted as if no previous trial had occurred, ordered by an appellate court.
100. What is “Dicta”? Dicta are opinions or remarks by a judge that are not binding as legal precedent.
101. What is a “Directed Verdict”? A directed verdict is issued when the party with the burden of proof fails to present a prima facie case for jury consideration.
102. What does “En Banc” mean? En Banc refers to a case heard or re-heard by the full bench of judges rather than a panel.
103. What is an “Injunction”? An injunction is a writ prohibiting a party from performing a specific act or commanding them to undo some wrong.
104. What is “Ex Contractu”? Ex Contractu refers to legal actions arising out of a contract or breach of promise.
105. What is “Ex Delicto”? Ex Delicto refers to legal actions due to misconduct or fraud beyond the terms of a contract.
106. What is “Ex Ante”? Ex Ante refers to before the fact or event in question has occurred.
107. What is “Ex Post”? Ex Post refers to after the fact or event in question has occurred.
108. What is a “Finding”? A finding is a formal decision by a judge or jury on a question of fact.
109. What is a “Holding”? A holding is a court’s legal principle derived from its decision, binding on lower courts.
110. What is a “Legal Representative”? A legal representative is a person who legally represents the estate of a deceased person.
111. What is a “Movable Property”? Movable property includes items that can be physically moved from one place to another.
112. What is an “Order”? An order is a formal expression of any decision of a civil court that is not a decree.
113. What is a “Pleader”? A pleader is any person entitled to appear and plead for another in court, including advocates and attorneys.
114. What is a “Public Officer”? A public officer is an individual holding an official position, including judges and persons in public service.
115. What is a “Prima Facie Case”? A prima facie case is one that has sufficient evidence to proceed to trial unless contradicted by evidence from the other party.
116. **What isTo provide a detailed list of 100 questions and answers regarding common local legal concepts and terms in Pakistan, it is necessary to cover a wide array of legal areas, including definitions, processes, and procedural nuances. Here are the first set of 50 Q&A:
117. What is Sharia law in Pakistan? Sharia law in Pakistan is derived from Islamic principles based on the Quran and Sunnah, influencing many aspects of personal and family law.
118. What does “Stare Decisis” mean? Stare Decisis is a legal doctrine requiring courts to follow precedents set by previous decisions to ensure consistency and predictability.
119. What is Nizam-i-Mustafa? Nizam-i-Mustafa refers to governance according to Islamic principles, particularly promoted during General Zia-ul-Haq’s regime.
120. What is Pakhtunwali? Pakhtunwali is a traditional code of conduct followed by Pakhtun tribes, emphasizing values like hospitality and honour.
121. What is Zakat? Zakat is an Islamic system of almsgiving, which is a mandatory charitable contribution based on wealth.
122. Who are Ulama? Ulama are Islamic scholars who interpret religious texts and provide guidance on matters of Sharia law.
123. What is a Jirga? A Jirga is a traditional assembly of tribal leaders who resolve disputes through consensus, particularly in rural areas.
124. What are Qisas and Diyat? Qisas and Diyat are Islamic laws dealing with retributive justice and compensation in cases of murder and bodily harm.
125. What is a Writ of Habeas Corpus? A Writ of Habeas Corpus is a legal order requiring a person under arrest to be brought before a judge to ensure lawful detention.
126. What is a Declaratory Judgment? A Declaratory Judgment clarifies the legal rights and obligations of parties without ordering any specific action.