Law:

Section:

(a) Constitution of Pakistan (1973)------Art.203-F(3)(b)---Appointment of ad hoc members of the Shariat Appellate Bench of the Supreme Court---Question of such appointment cannot be raised collaterally---Appointees being recognized scholars and on the panel of Ulema and their appointment meeting the requirements of Art.203-F(3)(b) of the Constitution, objection against their appointment was repelled by the Supreme Court. (b) Constitution of Pakistan (1973)-- ----Arts. 203-F & 188---Review of the of Shariat Appellate Bench of the Supreme Court wherein it was declared that Riba in all its forms and manifestations was prohibited by the Holy Qur'an and Sunnah and in consequence certain relevant laws were held to have ceased to have effect from 31-3-2000 and further suggesting measures in the for transformation of the existing banking and economic system to the Islamic one---Validity---Case for review of the impugned was made out as there were errors floating on the surface of record as highlighted (in the present order) and there was no force in the contention that the submissions made in support of the review petition amounted to a plea for rehearing the case---Issues involved in the cases required to be redetermined after thorough and elaborate research and comparative study of the financial systems which were prevalent in the contemporary Muslim countries of the world---Federal Shariat Court having not given a definite finding on all the issues involved, the determination whereof was essential to the resolution of the controversy in the cases, it would be in the fitness of things if the matter was remanded to the Federal Shariat Court which under the Constitution was enjoined upon to give a definite finding on all the issues falling within its jurisdiction--­Supreme Court set aside the impugned s and remitted the cases to the Federal Shariat Court for determination afresh in the light of the contentions of the parties noted in the present order and observations made therein which were germane to the controversy---Parties, besides the points raised before the Appellate Shariat Bench of the Supreme Court, would be at liberty to raise any other issue relevant…

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