Hasba bill
Encyclopedia
The Hasba bill was a bill
proposed by members of the provincial assembly of the North-West Frontier Province, Pakistan, which borders Afghanistan
. The political party in power in the province at that time was the Muttahida Majlis-e-Amal
(MMA), which was an alliance of six religious parties endorsing a system of Islamic justice (sharia
). In 2003 the Hasba Bill (Sharia implementation Bill) was approved by the same assembly; which mandates sharia in the province. The Hasba bill was intended as a means for overseeing the implementation of sharia (hisbah
); hence the name of the bill.
The Hasba bill was blocked by the Supreme Court of Pakistan
. Chief Justice Iftikhar Muhammad Chaudhry
declared it to be unconstitutional. The then Attorney General Makhdoom Ali Khan
appeared on behalf of the President of Pakistan
who challenged the bill using his powers as Referring Authority.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
proposed by members of the provincial assembly of the North-West Frontier Province, Pakistan, which borders Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. The political party in power in the province at that time was the Muttahida Majlis-e-Amal
Muttahida Majlis-e-Amal
Muttahida Majlis-e-Amal is a coalition of Islamist parties that was formed in 2002 to electorally challenge the Pakistan Parliament's incumbent parties...
(MMA), which was an alliance of six religious parties endorsing a system of Islamic justice (sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
). In 2003 the Hasba Bill (Sharia implementation Bill) was approved by the same assembly; which mandates sharia in the province. The Hasba bill was intended as a means for overseeing the implementation of sharia (hisbah
Hisbah
Hisbah is an Islamic doctrine of keeping everything in order within the laws of Allah. This doctrine is based on the Qur'anic expression Enjoin what is good and forbid what is wrong....
); hence the name of the bill.
The Hasba bill was blocked by the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
. Chief Justice Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
declared it to be unconstitutional. The then Attorney General Makhdoom Ali Khan
Makhdoom Ali Khan
Makhdoom Ali Khan , is a practising Senior Advocate Supreme Court. Makhdoom Ali Khan is a former Attorney General of Pakistan, former Chairman Pakistan Bar Council, former member of the Law and Justice Commission of Pakistan, former Board Member of the Federal Judicial Academy of Pakistan and a...
appeared on behalf of the President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
who challenged the bill using his powers as Referring Authority.