A CRITICAL ANALYSIS OF THE CODE OF CIVIL PROCEDURE,1908 IN THE LIGHT OF ISLAMIC JURISPRUDENCE

Abstract

This article aims to explore those provisions of CPC,1908 that are un-Islamic. There are certain provisions in CPC that are related to Riba (Interest) and Riba is prohibited under Shariah. As Pakistan is an Islamic State and constitution of Pakistan,1973 prohibits the making of laws that are inconsistent with Islam. It is necessary to point out those provisions that are inconsistent with shariah and constitution of Pakistan.

We will see in this article that, whether there are any un-Islamic provisions in CPC,1908, and whether they fall within the domain of Riba that is prohibited under Shariah. We will also see if there are any judgements of Federal Shariah Court in this regard.

Riba is prohibited/haram under Islamic law. There are numerous provisions in CPC,1908 that empowers the court and some provisions bounds the courts to grant interest in certain civil suits. As we know that it is totally against the injunctions of Islam. Article 227 of constitution of Pakistan, 1973 also made it necessary to bring all existing laws in conformity with Islam. Article 203-D of 1973 constitution made it clear that the laws/provisions which are decided against Islam by federal shariah court shall be void to that extent as are decided un-Islamic.