Comparison of Pakistan's Judicial System with Global Judicial Systems

The judicial system plays a vital role in ensuring justice, protecting rights, and maintaining the rule of law. Pakistan’s judicial system has its own unique structure and characteristics, shaped by history, culture, religion, and constitutional principles. To understand its strengths and challenges, it is useful to compare it with other global judicial systems.

1. Structure of Pakistan’s Judicial System

Pakistan follows a mixed legal system incorporating elements of Common Law (inherited from British colonial rule), Islamic/Sharia principles, and local customary laws. The hierarchy includes:

• Supreme Court of Pakistan – Apex court and final authority on legal matters.
• High Courts – One in each province and federal territories.
• District & Sessions Courts – Handle both civil and criminal cases at the local level.
• Specialized Courts/Tribunals – e.g., Anti-Terrorism Courts, Banking Courts, Family Courts.

2. Key Global Judicial Systems

a) Common Law Systems

Used in countries like the United Kingdom, United States, Canada, and Australia. Laws evolve through judicial precedents, and judges play a significant role in interpreting laws.

b) Civil Law Systems

Followed in most of Europe, Latin America, Japan. Laws are codified, and judges mainly apply written statutes rather than setting new precedents.

c) Islamic/Sharia Law

Applied fully or partially in countries like Saudi Arabia, Iran, and Sudan. Laws are derived from the Quran, Sunnah, and Islamic jurisprudence (fiqh).

d) Mixed Legal Systems

Countries like Pakistan, Malaysia, Egypt, and South Africa incorporate multiple legal traditions in their judiciary.

3. Comparison Table

Aspect	Pakistan	Common Law (UK/US)	Civil Law (France/Germany)	Sharia Law (Saudi Arabia)
Legal Source	Constitution, statutes, precedents, Sharia	Constitution, statutes, judicial precedents	Codified laws, statutes	Quran, Sunnah, fiqh
Judges’ Role	Interpret laws, apply Sharia principles	Interpret and create precedents	Apply codified statutes	Interpret and apply religious texts
Speed of Justice	Often delayed due to backlog	Varies; faster in lower courts	Generally efficient with strict timelines	Quick in decision-making
Appeals System	Multiple tiers	Multiple tiers	Multiple tiers	Limited appeals

4. Strengths & Weaknesses of Pakistan’s System

• Strengths: Flexibility from mixed system, constitutional safeguards, recognition of Islamic values.
• Weaknesses: Backlog of cases, delays, underfunded judiciary, influence of politics.

5. Global Best Practices Pakistan Can Adopt

• Introducing strict timelines for case resolution (as in civil law countries).
• Enhancing technology use in courts (digital case management, e-filing).
• Increasing judicial training programs and resources.
• Improving independence from political influence.

Conclusion

Pakistan’s judicial system is a blend of multiple legal traditions, which can be an asset if managed well. By learning from global models, introducing reforms, and enhancing efficiency, Pakistan can create a more effective and accessible justice system for all citizens.