N.-W.F.P. Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Rules 1994

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PROVINCIALLY ADMINISTERED TRIBAL AREAS (NIFAZ-E-NIZAM-E-SHARIAH) RULES, 1994

[Gazette of N.-W.F.P., Extraordinary, 12th December, 1994]

No.20/4-SOS-II(HD)/94-Vo1.V, dated 12-12-1994: -In exercise of the powers conferred by section 10 of the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1994 (N.-W.F.P. Regulation No.II of 1994), the Government of the North-West Frontier is pleased to make the following rules, namely:--

  1. Short title and commencement.--(1) These Rules may be called the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Rules, 1994.

(2) They shall come into force at once.

  1. Definitions.-(1) In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,--

(a) "District Magistrate" includes the Political agent of Malakand Protected Area;

(b) "instruction" means the instructions issued by Government in accordance with the provisions of section 8 of the Regulation;

(c) "panel" means the current panel of Mauavineen-e-Qazi;

(d) "recognised institution" means a religious educational institution of Muslims recognised by Government; and

(e) "Regulation" means the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1994.

(2) All other expressions, not defined expressly in these rules, shall have the same meanings as assigned to them in the Regulation, and all other respective laws for the time being in force in the Provincially Administered Tribal Areas of Malakand Division.

JUDICIAL OFFICER/QAZI

  1. Tehsil Qazi.--(1) An Illaqa Qazi, when posted at Tehsil Headquarters, shall be called a Tehsil Qazi.

(2) Qualification for appointment as Oazi --Government shall appoint a person as Oazi who,--

(a) being a judicial officer, has undergone a prescribed Shariah course at a recognised institution; or

(b) has obtained a specified degree of an Islamic University/Institution recognised by Government.

(3) Declaration by a Judicial Officer.--A Qazi shall, immediately after entering upon his office, and before starting any judicial work as such Officer, make a declaration in the form annexed to these rules.

(4) Conduct and character of Oazi --A Qazi shall try to order and? maintain his official and personal conduct and character in accordance with the injunctions of Islam, Eijabi and Salbi conditions prescribed by known Muslim scholars for an Aadil Shahid and Oazi.

(5) Conditions for Oazi.--A Qazi shall try his best to take guidance from the Holy Our'an and Sunnah. While interpreting and explaining the Shariah, the recognised principles of interpretation and explanation of the Holy Our'an 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.

(6) Qazi to follow measures and instructions of Government --A Qazi shall, subject to the provisions of the laws for the time being in force in the area of his jurisdiction, be bound to follow the measures taken by Government in accordance with section 8 of the Regulation, -and shall abide by the instructions issued by Government in this regard.

(7) Involvement of Muavineen-e-Oazi --A Qazi, when he calls a Muavin-e-Qazi, shall provide him opportunity to explain the Islamic Law on the legal points involved in a case. A Qazi may, suo motu or on the application of a party, allow a Muavin-e-Qazi to peruse the pleadings and other documents on record to hear evidence and arguments, to express view about the decision of the case, and to argue the case.

(8) Encouragement to parties to refer the case to mediators,-A Qazi shall ask the parties to a .dispute at the initial stage of each case whether they agree to refer the case to one or more mediators for its resolution in accordance with the Shariah, and, if they so agree, ,shall refer the case for the said purpose, It :;

(9) Selection of mediators.--A Qazi shall assist the parties to a dispute in selecting a mediator from' the panel of Muavineen-e-Qazi or from amongst other known persons of the locality.

(10) Time schedule.--A Qazi shall try his best to conduct and finalize the case within the schedule, if any, issued by Government.

MUAVINEEN-E-OAZI

  1. Qualifications: -(1) The name of a person may be inserted in the panel of Muavineen-e-Qazi if he--

(a) is holder of Certificate of Proficiency in Fiqh, Hadith and Tafseere-Quran from a recognised institution; and

(b) has enough experience in teaching, preaching and explaining the Islamic Injunctions relating to laws.

(2) Anoointment and removal of Muavineen-e-Oazi.--The Commissioner shall, on the recommendation of the District Magistrate in consultation with Zillah Qazi, and with the approval of Government include or exclude name of a person on, the panel of Muavineen-e-Qazi for the purposes, of section 6 of the Regulation.

(3) Revision of panel.--The panel shall be revised every year but Government may, at any time. include or exclude the name of one or more persons in, or from the said panel.

(4) Honoraria and allowance of a Muavin-e-Oazi.--A Muavin-e-Qazi shall be entitled to such honoraria and allowances as Government may prescribe, but he shall not claim or receive any financial gain from the parties to a dispute either directly or indirectly. '

(5) Duty of Muavineen-e-Oazi.--A Muavin-e-Oazi shall assist the Court in arriving at a correct conclusion regarding the proper application of Islamic Laws in the circumstances of a case.

MEDIATORS

  1. Duty of Mediators.--(1) A mediator shall, after hearing the parties and their witnesses, if any, and after inspecting the records and the spot, if need be, shall form his opinion about the decision of a case within fifteen days of the receipt of the reference and shall immediately deliver the same to the Court.

(2) Opinion of mediators to be made rule of the Court.--The Court shall, if satisfied that the opinion is in accordance with Shariah. make it the rule of the Court and shall announce it as such-

(3) Objections by a party to dispute.--A party shall have no right of appeal against such opinion but he shall have the right to prove before the referring Court that either Islamic Law has not been correctly applied or it has been misinterpreted or there has been a miscarriage of justice due to any other reasonable cause.

(4) Right of appeal,/revision: -A party shall have the right of appeal or revision, as the case may be, against the order of the Court after he has so objected. to such opinion.

(5) Remuneration of mediators.--The Court shall fix the remuneration of a mediator in the circumstances of each case, with due consideration of the actual expenses incurred by the mediator by travelling to and stay at the station other than the area of his residence and of the time spent in dealing with the case. The parties shall share such expenses equally.

GENERAL

  1. Instructions by Government.--(1) Government may, from time to time issue instructions for the purpose of section 8 of the Ordinance, including the time schedule for processing and disposing of a dispute.

(2) Directions to the law enforcing agencies.--Government may, either generally or for a part of the district, issue directions to the law enforcing agencies available there, to actively serve the processes of the Court on the parties, witnesses or any other person and act in support of the Courts for any other specified purpose.

(3) Duty of Police Officers.--It shall be the duty of the concerned Investigating Officer and of the Officer-in-Charge of the concerned Police Station to ensure that all the witnesses are available for recording their evidence in the Court on the date fixed therefor. Failure to properly perform this duty, shall result in disciplinary action against the defaulting Officer.

(4) Mediation at the initial stage.--The trial Court may, on receipt of the first information report authorise the Tehsil Qazi to try to mediate between the parties either by himself or through a person authorised by him; provided that where the Tehsil Qazi is the trial Court, he may authorise a person for mediation.

(5) Authorization for mediation.--A party in any case may authorise any person for mediation proceedings on his behalf, provided that if an accused is in judicial lock-up, his legal heirs shall stand so authorised.

(6) Conferment of powers upon Qazi.--Government may empower a Civil Judge/Illaqa Qazt (Civil) with, powers of a Magistrate/Ilaqa Qazi (Criminal) and also may, in consultation with the High Court, empower a Magistrate,/Illaqa Oazi (Criminal) with the powers of a Civil Judge/Illaqa Qazi (Civil) for a sub-division or a Tehsil, where a Civil Judge/Illaqa Qazi (Civil) is not available.,

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