Law in Pakistan is largely based on the British common law system but has some features of an Islamic legal system. Hence, this blog post aims to give a brief insight into some of the fundamental facets of the Pakistani legal system and the legal profession, providing a general idea of what is legally acceptable in the country. For lawyers in Pakistan, understanding these aspects is crucial for navigating the legal landscape effectively.
Court System
The two types of courts found in Pakistan are civil and criminal. The Supreme Court deals with complicated cases, while the other courts deal with simpler cases. Appellate courts, like the High Courts, listen to appeals and constitutional matters. This means that the Supreme Court is the highest in the Judiciary and, therefore, final in its decisions. Judges are responsible for making a legal decision or defining a particular law about a case.
Becoming a Lawyer
However, to practice law in Pakistan, students must complete a law degree after high school. Then, a chief or senior lawyer requires them to undergo an apprenticeship. They must then complete a bar exam to be accredited for legal practice.
How Lawyers Work
There are various types of lawyers in Pakistan, including lawyers who work for law firms, governmental organizations, and private sectors or corporations. They may also have a practice of their own, perhaps even a private practice. Professionals in Law look for laws, gather facts, draft legal papers, and present cases in courts. Good lawyers have good research skills, writing abilities, analytical abilities, and speech-making abilities.
Common Legal Practices
Lawyers also offer different types of services in Pakistan, including real estate law, corporate law, family law, and crime law. Some legal professionals specialize in real estate, particularly in the sale and conveyance of property. Corporate lawyers are legal professionals who provide legal services in commercial transactions to companies. Marriage law, divorce law, and wills and estates are some of the areas that family lawyers deal in. Criminal lawyers perform legal representation and advocacy services for those who are suspected of having committed criminal offenses.
Role of Judges
Thus, the judicial roles of Pakistani judges include presiding over the trial process, listening to and evaluating arguments, examining evidence, interpreting laws, and making decisions in the court. Good judges are knowledgeable on law issues and do not allow personal bias to influence their decision in arriving at a fair and balanced decision. They make sure that legal standards and procedures are complied with in taxation.
Islamic Law Influence
Most of Pakistan’s laws are derived from Islamic laws, which are based on Sharia law. Some civil matters, such as inheritance issues, marriage and divorce, and contract issues, may be resolved under Islamic law interpretations. It is quite common to have lawyers and judges knowledgeable in Islamic law, especially when dealing with family law.
Access to Justice Issues
Legal aid in Pakistan is one of the most unmet needs, as a large population cannot afford legal representation. Additionally, heavy caseloads lead to delays in court processes and, consequently, justice delivery. Sex, race, or class minorities and women have a higher incidence of access to justice problems because of social inequity. There are few opportunities for lawyers to provide legal aid to those in need, and often, such aid is provided for free or at a very low price for specific communities.
Reforms and Outlook
Continuous judicial reforms concentrate on efficiency in serving the ordinary populace. Most minor disputes are supposed to be solved through other means apart from the courts to enhance efficiency in the trials of complex court cases. So, through legal awareness and policy reforms, Pakistan is keen to get on the path to grow and develop a modern, efficient, and more equitable legal system.
Conclusion
Pakistan has a hybrid legal system, with some elements of the British standard law system and Islamic law. It is common for lawyers and judges to ascertain different laws and principles. Through enhancing the legal profession and judiciary reforms, the Pakistan legal fraternity strives to ensure timely justice for the country’s citizens. Besides, legal practices are also growing more progressive and practical as well. An understanding of the legal landscape and legal climate in its entirety is essential for delivering legal services.
