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M. SHAFI MUHAMMADI versus ISLAMIC REPUBLIC OF PAKISTAN


Constitution of Pakistan 1973 Arts 193 and 203 The appointment of a non-Muslim as a judge of the High Court is not restricted to the appointment of a High Court Judge, if he fulfills the qualifications mentioned in Article 193 of the Constitution, there is no special restriction in the Article. Is not mentioned. 193 Non-Muslim Federal Shariah of the Constitution that prevents a non-Muslim from being a High Court Judge cannot be a judge because Article 203 of the Constitution specifically mentions Muslim judges where the legislature wants or wants the constitution makers. That should be a special post. Through a Muslim, he has clearly stated, so where there was no such intention, then there is no mention that the coming one will have to be a Muslim while deciding the dispute requires interpretation of the Shariah. , The judge needed to not only master it well. Knowledge of Islam, but it should also be trusted in religion The question of a Muslim or non-Muslim judge will be related to matters that require interpretation. Shariah or laws governing Muslims, under the Federal Sharia Court Constitution, Has been formulated for the matters of which the Legislature has clearly distinguished the type of judges, who will be sitting as judges of the High Court and Supreme Court, and these people will be appointed as judges of the Constitution. Sitting in the position emphasizes the Muslim judge's word for the Shariah court, but the High Court and Supreme Court judges maintain the word of the judge Have kept

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