Law:

Section:

Constitution of Pakistan, 1973 --.-- --.-- Art. 203(D), 247 --.-- Constitutional petition --.-- Jurisdiction of Shariat Court --.-- Scope of --.-- Seeking guidance, assistance and of council of elders in resolving certain issues which are found in criminal or civil cases is a frequently usage of custom --.-- Jirga and Punchait play a vital role in deciding matters and maintaining peace in society and resolving hostilities between members of society, as expeditiously as possible --.-- Procedure adopted in FATA ensures speedy trial to forestall blood-shed in area --.-- Main purpose of these regulations is to crush insurgency, connivance and conspiracy well in time, in order to maintain law and order situation --.-- This is a particularly urgent requirement of area and is not only not repugnant to Injunctions of Islam but also in consonance with requirement of administration of justice which has to be dispensed with care, caution and speed --.-- Muslim jurists have, therefore, formulated many important legal maxims highlighting importance of custom and usage --.-- So far as collective responsibility in area where a crime is committed by any member of tribe is concerned, entire community or members thereof in general are made collectively liable, with result that they may face blockage, fine and forfeiture of properties if they fail to do needful as required --.-- Held: Basic principle of Islamic justice system is that "Nobody can be made liable for wrong committed by others." same is mentioned in the Holy Quran in these words: لھا ما کسبت Ùˆ عÙ„ÛŒھا ما کتسبت (Each one gets every good that one earns, And suffers every ill that one earns --.-- Surah Al-Baqra-Ayat 286) Ùˆ تزر وازرØ© وزر اخسرÛŒی (That no bearer of burdens can bear burden of another --.-- (Surah Al-Najam-Ayat-38) --.-- This is no undoubtedly a general rule in normal circumstances --.-- However, in exceptional circumstances find a similar procedure in shape of قساÙ…ہ, where concept of joint liability has been introduced in Islamic criminal justice system as a special provision in cases of blind murder where…