6
Powers, jurisdiction and functions of the Court
Act: Azad Jammu and Kashmir Shariat Court Act 1993
Section Provisions
THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 (ACT IX OF 1993) [Dated March 16, 1993] AN ACT to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing ; It is hereby enacted as follows :‑ 6. Powers, jurisdiction and functions of the Court. (1) The Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision. (a) the reasons for its holding that opinion; and (b) the extent to which such law or provision is so repugnant and specify the day on which tile decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam: (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam, and (b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.