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7

Appointment of Muftis

Act: Azad Jammu and Kashmir Enforcement of Shariah Act 1989

Section Provisions

THE AZAD JAMMU AND KASHMIR ENFORCEMENT THE AZAD JAMMU AND KASHMIR ENFORCEMENT OF SHARIAH ACT, 1989. (ACT VIII OF 1989) [Dated May 17, 1989] AN ACT for the enforcement of Shari'ah WHEREAS sovereignty over the entire universe belongs to Almighty Allah, alone, and the Authority to be exercised by the people of Azad Gamma and Kashmir within the limits prescribed by Him is a sacred trust:. AND WHEREAS sub‑section (5) to section 31 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, provides that no law shall be repugnant to the teachings and requirements of Islam as set out in the Holy Qur'an and Sunnah; AND WHEREAS it is necessary to carry out the purposes of the Interim Constitution and to provide that all existing laws shall be brought in conformity with the Holy Qur'an and Sunnah; It is hereby enacted as follows:‑ 7. Appointment of Muftis.‑------ (1) The President shall, in consultation with the Chief Justice of Azad Jammu and Kashmir, the Council of Islamic Ideology, appoint in his individual judgment as many Muftis as lie may deem fit for rendering such assistance as may be required of them by the Supreme Court, the High Court and the Shari'at Court. (2) A Mufti appointed under sub‑section (1) shall hold office during the pleasure of the President and shall receive such remuneration as is for the time being admissible to Additional Advocate General of Azad Jammu and Kashmir. . (3) It shall be the duty of a Mufti to give advice to the Government upon such legal matters involving interpretation of Shari'ah and perform such other duties as may be referred or assigned to him by the Government; and in the performance of his duties he shall have the right of audience in the Supreme Court, and the High Court while exercising jurisdiction under this Act and in the Shari'at Court. (4) A Mufti shall not plead for any party but shall state, expound and interpret Shari'ah relevant to the proceedings as far as may be known to him and submit to the Court a written statement of his interpretation of Shari'ah. (5) The Law and Parliamentary Affairs Department in the Government of Azad Jammu and Kashmir shall deal with the administrative matters relating to the Muftis.