AbdulRehman Foundation

It is difficult to incorporate divine laws into the system of laws that was created by humans. Another challenging problem in incorporating divine laws into a state’s legal system is the issue of how to interpret divine laws and turn them from jurists’ law into positive law. By maintaining their historical, religious, and cultural traditions, the Muslim states endeavour to attain the goal of upholding the Islamic rules enshrined in their constitutions and the operation of their legal systems that safeguard their religious identity. . In a social context where religious groups have continued to push for the declaration of Sharia as state law while secular groups have been promoting the democratic constitutional structure of the state, this article analyses the adoption of Islamic Laws (the Sharia) into the democratic constitutional structure of Pakistan. The author draws on the constitutions of some other prominent Muslim states that address Islamic Law (Sharia) in a variety of ways, including pure, mixed, and secular systems, to analyse the constitutional framework of Pakistan in the context of Islamic Law (Sharia).

According to the study’s findings, the major Muslim states have given Sharia various treatments in order to incorporate it within their constitutional frameworks. Similar to how the Pakistani constitution specifically favours Sharia, Pakistan’s legal framework recognises Islam as the country’s official religion and all laws are based on Islamic Law, rather than using Sharia as the state’s primary legal code (Sharia)
Key words: Democratic constitutionalism, Pakistan, Sharia