Contempt of Court in the Light of Islamic Injunctions

Abstract

Courts are an integral part of justice system in a state, where the sanctity attached to the verdicts of these must be given deference. This is crucial for smooth process and functioning of courts in a state. The concept of ‘contempt of court’ has been discussed and viewed by scholars in various backgrounds and perspectives. This article looks into the contempt of court in the prism of Islamic injunctions. It covers theoretical basis provided under the primary sources of Sharia and also sheds light on practical applicability of this fundamental necessity warranted by the holy Quran and Sunnah. Since Pakistan is an Islamic state whose legal framework is required to be in consonance with the injunctions of Islam, it warrants legal framework on the sanctity of courts in Pakistan to pass the litmus test of Islamic basis. Tendency of contempt of courts and their verdicts in Pakistan like other Muslim developing states is an issue which is required to be examined in the light of the Quran and Sunnah. This research would urge policy makers, law makers and academics to find a constitutional basis for an effective legislation on contempt of court in Pakistan.