Repugnancy to Islamic Injunctions: Analysis and Legitimacy of National Accountability Ordinance 1999

Abstract

This article encompasses an analysis of provisions of NAB 1999 on the touchstone of their conformity with the injunctions of the Quran and Sunnah. The argument advanced in this respect is based on Article 203(d) of the Constitution of the Islamic Republic of Pakistan, under which FSC is vested with the power of examining and deciding questions of law tainted to be contrary to the injunctions of the Quran and Sunnah. Arguments made in this paper challenge Section 9(a)(iv) and Section 14(c) and (d) which are not in consonance with the injunctions of Islam, as appeared in the Quran and Sunnah. Pakistan's Islamic identity necessitates such questions pertaining to un-Islamic provisions in the laws of Pakistan always yielded debates and different opinions of scholars. Analysis of the NAB ordinance and its provisions discussed in the paper, which does not conform to the injunctions of Islam would inform and invoke legislators to reform legislation in Pakistan.