Libro

Descripción

The Islamic Republic of Pakistan, according to its constitution, is duty-bound to confirm its laws with Islamic injunctions along with the provision of fundamental rights. Regulations regarding false litigation in Pakistan empowers courts to punish person found guilty of false litigations. Therefore, this research will aim to evaluate the Law in the light of sharīʿah. “False Litigation- a comparative studiesprovides that according to sharīʿah punishments. Suit shall dismiss upon knowledge of its falsity. When it becomes evident that the suit is false and frivolous, the judge shall inflict Tazir punishment on him. For material loss, the compensation may be adequate relief, but in the case of incorporeal loss, then relief is not adequate. In sharīʿah, Islam laid huge emphasis on false litigation, but in Pakistani law, there is not enough litigation. False litigation has began regarded as a heinous offence. False litigation is the major hurdle in the dispensation of justice. This has posed multifaceted challenges in the administration of justice. Therefore, the main focus of the present study was the comparison between Islamic law and Pakistani law. Islamic law provides enough measures to curtail it. Whereas Pakistani legislation fails to combat the rising ratio of false litigation. The aim of the study is to explore the loopholes in state legislation and amend it in the light of shariah. The study emphasized effective legislation for the prevention of false and frivolous litigation through strict maintainability criteria. There is no particular law for the prevention of false litigation in Pakistan.