Enforcement of Shari'ah Act, 1991

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THE ENFORCEMENT OF SHARI’AH ACT, 1991 
 
 
 
 CONTETNS 
1.  Short title, extent and commencement 
2.  Definition 
3.  Supremacy of Shari’ah 
4.  Laws to be interpreted in the light of Shari’ah 
5.  Observance of Shari’ah by Muslim citizens 
6.  Teaching of, and training in, Shari’ah etc.  
7.  Islamization of education 
8.  Islamization of economy 
9.  Mass media to promote Islamic values 
10.  Protection of life, liberty, property, etc.  
11.  Elimination of bribery and corruption 
12.  Eradication of obscenity, vulgarity, etc.  
13.  Eradication of social evils 
14.  Nizam-i-adl 
15.  Bait-ul-Mal (Welfare Fund) 
16.  Protection of the ideology of Pakistan, etc.  
17.  Safeguard against false imputations, etc.  
18.  International financial obligations, etc.  
 
 

 
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19.  Fulfillment of existing obligations 
20.  Rights of women not to be affected 
21.  Laws to be enacted by Majlis-e-Shoora (Parliament) and Provincial Assembly only 
22.  Rules 
 
 
  
 
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THE ENFORCEMENT OF SHARI’AH ACT, 1991 
ACT NO. X of 1991 
[5th June, 1991] 
An Act for the enforcement of the Shari’ah 
WHEREAS sovereignty over the entire Universe belongs to Almighty Allah alone, and the 
authority to be exercised by the people of Pakistan through their chosen representatives within the 
limits prescribed by Him is a sacred trust;  
AND WHEREAS Islam has bee n declared to be the State religion of Pakistan and it is 
obligatory for all Muslims to follow the Injunctions of the Holy Quran and Sunnah to regulate and 
order their lives in complete submission to the Divine law;  
AND WHEREAS the Objectives Resolution h as been incorporated in the Constitution of the 
Islamic Republic of Pakistan as a substantive part thereof;  
AND WHEREAS it is one of the fundamental obligations of the Islamic State to protect the 
honour, life, liberty and the fundamental rights of the citizens as guaranteed under the Constitution and 
to ensure peace and provide inexpensive and speedy justice to people through an independent Islamic 
system of justice without any discrimination ;  
AND WHEREAS Islam enjoins establishment of social order base d on the Islamic values of 
bidding what is right and forbidding what is wrong (amr bil Ma’roof wa nahi anil Munkar);  
AND WHEREAS in order to achieve the aforesaid objectives and goals, it is necessary to give 
to these measures constitutional and legal backing;  
It is hereby enacted as follows:  
1. Short title, extent and commencement.— (1) This Act may be called the Enforcement of 
Shari’ah Act, 1991.  
 
(2) It extends to the whole of Pakistan.  
 
(3) It shall come into force at once.  
(4) Nothing contained in this Act shall affect the personal laws, religious freedom, traditions, 
customs and way of life of the non-Muslims.  
2. Definition.—In this Act “Shari’ah” means the Injunctions of Islam as laid down in the Holy 
Quran and Sunnah.  
Explanation.—While inter preting and explaining the Shari’ ah the recognized principles of 
interpretation and explanation of the Holy Quran and Sunnah shall be followed and the expositions 
and opinions of recognised jurists of Islam belonging to prevalent Islamic schools of jurisprudence 
may be taken into consideration. 
3. Supremacy of Shari’ah.— (1) The Shari’ah that is to say, the Injunctions of Islam as laid 
down in the Holy Quran and Sunnah, shall be the supreme law of Pakistan.  
 
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(2) Notwithstanding anything contained in this Act, the Judgement of any court or an y other 
law for the time being in force, the present political system, including the Majlis-e-Shoora (Parliament) 
and Provincial Assemblies and the existing system of Government, shall not be challenged in any 
court, including Supreme Court, the Federal Shariat Court or any authority or tribunal:  
Provided that nothing contained herein shall affect the rights of the non -Muslims guaranteed 
by or under the Constitution.  
4. Laws to be interpreted in the light of Shari’ah.—For the purpose of this Act—  
(a)  while interpreting the statute-law, if more than one interpretation is possible, the 
one consistent with the Islamic principles and jurisprudence shall be adopted by 
the Court; and  
(b)  where two or more interpretations are equally possible, the interpretation which 
advances the Principles of Policy and Islamic provisions in the Constitution 
shall be adopted by the Court.  
5. Observance of Shari’ah by Muslim citizens. —All Muslim citizens of Pakistan shall 
observe Shari'ah and act accordingly and in th is regard the Majlis -e-Shoora (Parliament) shall 
formulate code of conduct for Government functionaries.  
6. Teaching of , and training in, Shari’ah etc. —The State shall make effective 
arrangements—  
(a)  for the teaching of, and training in, the Shari’ah, Islamic jurisprudence and all 
other branches of Islamic law at appropriate levels of education and professional 
training;  
(b)  to include courses on the Shari’ah in the syllabi of the law colleges ;  
(c)  for the teaching of the Arabic language ; and  
(d)  to avail the services of persons duly qualified in Shari’ah, Islamic jurisprudence 
and Ifta in judicial system.  
7. Islamization of education. —(1) The State shall take necessary steps to ensure that the 
educational system of Pakistan is based on Islamic values of learning, teaching and character building.  
(2) The Federal Government shall, within thirty days from the commencement of this Act, 
appoint a Commission consisting of educationists, jurists, experts, ulema and elected representatives 
as it may deem fit and appoint one of them to be its Chairman. 
(3) The functions of the Commission shall be to examine the educational system of Pakistan to 
achieve the objectives referred to in sub-section (1) and make recommendations in this behalf.  
(4) A report co ntaining the recommendations of the Commission shall be submitted to the 
Federal Government which shall cause it to be placed before both the Houses of Majlis -e-Shoora 
(Parliament).  
(5) The Commission shall have the power to conduct its proceedings and regulate its procedure 
in all respects as it may deem fit.  
 
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(6) All executive authorities, institutions and local authorities shal l act in aid of the 
Commission. 
(7) The Ministry of Education in the Government of Pakistan shall be responsible for the 
administrative matters relating to the Commission.  
8. Islamization of economy.—(1) The State shall take steps to ensure that the economic system 
of Pakistan is constructed on the basis of Islamic economic objectives, principles, and priorities.  
(2) The Federal Government shall, within thirty days from the commencement of this Act, 
appoint a Commission consisting of economists, bankers, jurists, ulema, elected representatives and 
such other persons as it may deem fit and appoint one of them to be its Chairman.  
(3) The functions of the Commission shall be—  
(a)  to recommend measures and steps, including suitable alternatives, by which the 
economic system enunciated by Islam could be established ;  
(b)  to recommend the ways, means and strategy for such changes in  the economic 
system of Pakistan so as to achieve the social and economic well being of the 
people as envisaged by Article 38 of the Constitution ;  
(c)  to undertake the examination of any fiscal law or any law relating to the levy 
and collection of taxes and fees or banking or insurance law or practice and 
procedure to determine whether or not these are repugnant to the Shari’ah and 
to make recommendation s to bring such laws, practices and procedure in 
conformity with the Shari’ah ; and  
(d)  to monitor progress in respect of the Islamization of economy, identifying lapses 
and bottlenecks if any and suggest alternatives to remove any difficulty.  
(4) The C ommission shall oversee the process of elimination of riba from every sphere of 
economic activity in the shortest possible time and also recommend such measures to the Government 
as would ensure the total elimination of riba from the economy. 
(5) The Commission shall submit its reports on a regular basis and at suitable intervals to the 
Federal Government which shall place the same before both the Houses of Majlis -e-Shoora 
(Parliament) and shall also respond to any queries sent to it by the Fed eral Government in respect of 
establishment of the Islamic economic order.  
(6) The Commission shall have the power to conduct its proceedings and regulate its procedure 
in all respects as it may deem fit.  
(7) All executive authorities, institutions and l ocal authorities shall act in aid of the 
Commission.  
(8) The Ministry of Finance in the Government of Pakistan shall be responsible for the 
administrative matters relating to the Commission.  
9. Mass media to promote Islamic values.— (1) The State shall take steps to promote Islamic 
values through the mass media.  
 
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(2) The publication and promotion of programmes against or in derogation to the Shari’ah, 
including obscene material shall be forbidden.  
10. Protection of life, liberty, pro perty, etc.—In order to protect the life, honour, liberty, 
property and the rights of the citizens, the State shall take legislative and administrative measures to—  
(a)  introduce administrative and police reforms;  
(b)  prevent acts of terrorism and sabotage and disruptive activities ; and  
(c)  prevent the possession and display of illicit arms.  
11. Elimina tion of bribery and corruption. —The State shall take legislative and 
administrative measures, to eliminate bribery, corruption and malpractices and provide for exemplary 
punishment for such offences.  
12. Eradication of obscenity, vulgarity, etc. —Effective legal and administrative measures 
shall be taken by the State to eradicate obscenity, vulgarity and other moral vices.  
13. Eradication of social evils.—The State shall take effective measures for enactment of law 
eradicating social evils and promoting Islamic virtues on the principles of amr bil Ma’roof wa nahi’anil 
Munkar as laid down in the Holy Quran. 
14. Nizam-i-adl.—The State shall take adequate measures for the Isl amisation of the Judicial 
system by eliminating laws delays, multiplicity of proceedings in different courts, litigation expenses 
and ensuring the quest for truth by the court.  
15. Bait -ul-Mal (Welfare Fun d).—The State shall take steps to set -up a Bait -ul-Mal for 
providing assistance to the poor, needy, helpless, handicapped, invalids, widows, orphans and the 
destitute.  
16. Protection of  the ideology of Pakistan, etc. —The State shall enact laws to protect the 
ideology, solidarity and integrity of Pakistan as an Islamic State.  
17. Safeguard against false imputations, etc. —The State shall take legislative and 
administrative measures to protect the honour and reputation of the citizens against false imputations, 
character assassination and violation of privacy.  
18. International financial obligations, etc.—Notwithstanding anything contained in this Act 
or any decision of any court, till an alternative economic system is i ntroduced, financial obligations 
incurred and contracts made between a National Institution and a Foreign Agency shall continue to, 
remain, and be, valid, binding and operative.  
Explanation.—In this section, the expression “National Institution” shall inc lude the Federal 
Government or a Provincial Government, a statutory corporation, company, institution, body, 
enterprise or any person in Pakistan and the expression “Foreign Agency” shall include a foreign 
government, a foreign financial institution, forei gn capital market, including a bank and any foreign 
lending agency, including an individual and a supplier of goods and services.  
19. Fulfillment of existing obligations.—Nothing contained in this Act or any decision made 
thereunder shall affect the valid ity of any financial obligations incurred, including under any 
instruments, whether contractual or otherwise, promise to pay, or any other financial commitments 
 
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made by or on behalf of the Federal Government or a Provincial Government or a financial or statutory 
corporation or other institution to make payments envisaged therein, and all such obligations promises 
and commitments shall be valid, binding and operative till an alternative economic system is evolved.  
20. Rights of women not to be affected.—Notwithstanding anything contained in this Act, 
the rights of women as guaranteed by the Constitution shall not be affected.  
21. Laws to be enacted by Majlis-e-Shoora (Parliament) and Provincial Assembly only.—
Notwithstanding anything contained in this Act or the judgement of any court, including the Supreme 
Court, all laws shall be enacted exclusively by the Majlis -e-Shoora (Parliament) and the Provincial 
Assembly, as the case may be, and no law shall be made or be deemed to have been made unless it is 
made in the manner laid down in the Constitution.  
22. Rules.—The Federal Government may, b y notification in the official g azette, make rules 
for carrying out the purposes of this Act. 
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71994         RGN Date: 17-01-2025