Constitutional Right of Pakistani President to exempt the Punishment

(Critical Analysis in Islamic Perspective)

  • Hafiz Abdul Aziz
  • Zahoor Ullah Azhari
Keywords: Islam, Constitution, President, Exemption

Abstract

Abstract: In this article constitutional powers of president of Pakistan are written which he gets according to the article 45 of Pakistan Constitution. To govern any state the imagination of system of reward and penalty is extremely important and necessary foundation of social peace and justice. The Justice is reflection of reward and penalty. God Almighty has established the system of reward and penalty exactly according to the man`s nature and man has universally pleasure and success. In it The system of enforcing penalty by God to secure the society from legal and ethical gradation is registered are these. (1) Penal Ordinance of Hudoodullah (2) Penal system of capital punishment (3) Penal system of penalty If the president of Pakistan has power of deliverance in punishment in accordance with the article 45 of Pakistan Constitution which will be the subject to the authority to pardon(forgiveness ).Can the president exercise his right of pardon in Hududullah or Qasas? No one can have the power of amendment and decrease in inevitable Sharah. Inexorable rules of Sharah are called Penal ordinance Hudullah and it is the duty of the ruler to enforce these rules exactly after testimony but it is very important to prove before their enforcement in which having been supported. The capacity of deliverance for the sake of right of man may be seen to some extent . The matter of punishment is in the custody of ruler. It is therefore his right to forgive or to punish in accordance with the justice. 

Author Biographies

Hafiz Abdul Aziz

Phd Scholar, Department of Islamic Studies, Imperial college for Business studies, Lahore

Zahoor Ullah Azhari

  Assistant Professor, Department of Islamic Studies, Imperial college for Business studies, Lahore

Published
2016-09-15
Section
Arabic Articles