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Syed Muhammad Anwer

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Justice Dr.Syed Muhammad Anwer (Urdu: سید محمد انور)[1][2] was appointed as Judge Federal Shariat Court of Pakistan on 21.05.2020.He took oath as Acting Chief Justice Federal Shariat Court of Pakistan on 16.05.2022.[3] Syed Muhammad Anwer was elevated as Aalim Judge in Federal Shariat Court on 10 July 2023,[4] by the President of Pakistan Dr. Arif Alvi via Notification dated 5 July 2023.[5]

Justice Dr Syed Mohammed Anwer
Born
Rawalpindi, Pakistan
NationalityPakistani
EducationBachelors (LLB Honors) degree from International Islamic University, Islamabad; LLM in International Economic Law from Kyushu University; MPhil degree in Public Policy and International Relations from Kyushu University; PhD in Islamic Studies from the University of Punjab; Maulvi Fazil and Daur-i-tafseer from traditional madrasahs
OccupationJudge
Known forAalim Judge of the Federal Shariat Court

Early life and education

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Syed Mohammed Anwer was born in Rawalpindi, Pakistan, and attended F. G. Sir Syed College. He obtained his Bachelors's (LLB Honors) degree from International Islamic University, Islamabad. Later, he pursued higher education at Kyushu University in Japan as a Monbukagakusho Scholarship, completing his LLM[6] in International Economic Law. Additionally, he earned his MPhil degree in Public Policy and International Relations, specializing in Comparative Political Studies and Administration in Asia (CSPA), from the same university. Anwer acquired religious education from traditional madrasahs, receiving degrees such as Maulvi Fazil[7] and Daur-i-tafseer. He also completed Masters in Oriental Learning M.O.L from University of Punjab. Lastly, he pursued his Ph.D. in Islamic Studies at the University of Punjab.[8][9]

Career

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Before elevation, he was appointed by the then President of Pakistan, Mamnoon Husain as a member of the Council of Islamic Ideology[10] on the basis of his extensive research and contributions in the field of Islamic jurisprudence, Islamic finance and Shariah. He was an Advocate of the Supreme Court of Pakistan having expertise in diverse legal disciplines ranging from civil and criminal litigation, corporate law, IT telecom, E-commerce and International trade and finance etc. He also held different offices related to the legal profession including Member legal to Customs Appellate Tribunal, Islamabad,[11] director legal ministry of IT and telecom where he drafted laws for the IT and telecom sector of Pakistan. He remained chairman of Electronic Certification and Accreditation council (ECAC), a legal body to regulate e-commerce in Pakistan by virtue of the Electronic Transaction Ordinance 2002. In this capacity he drafted fundamental regulations for the ECAC to provide the legal foundation for electronic transactions in Pakistan necessary for the certification authorities to operate in Pakistan. He remained Deputy Attorney General Islamabad,[12] prior to which he was elected President of Islamabad Bar Association for the year 2013.

Notable Judgments

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Prohibition of Riba/Interest

Justice Dr. Syed Muhammad Anwer authored a judgement[13] in the case of M/s. Farooq Brothers Vs. UBL, PLD 2023 Federal Shariat Court 47 on the prohibition of riba announced on 28 April 2022[14] (27 Ramadan 1443 AH). The judgement provides a clear definition of Riba and imposes a strict prohibition on all types of Riba, irrespective of the fact as to whatever purpose the loan is taken, marking the first time when banking interest was declared as being Riba. The judgement establishes a reasonable five-year period[15] for full implementation of the decision in order to transform Pakistan's economy into one that is asset-based, risk-sharing, and interest-free. The decision states that Riba will be eliminated from Pakistan by December 31, 2027, which is the date on which it will go into effect fully. The Federal Government of Pakistan, the State Bank of Pakistan and National Bank of Pakistan have withdrawn their appeals[16] and consequently accepted applicability of the judgment by promising to implement its directives by the stated deadline of December 2027.[17] In a historic and unprecedented move towards promoting Islamic finance, Pakistan's Parliament has unanimously passed the 26th Constitutional Amendment, mandating the complete elimination of Riba (interest) by January 1, 2028.[18][19] This amendment follows the April 28, 2022,[20] Federal Shariat Court judgement, authored by Justice Dr. Syed Mohammed Anwer, which set a five-year timeline for the removal of Riba from Pakistan's financial system.[21]

Domestic Violence

In this judgement[22] Justice Anwer held on Nov. 22, 2022,that no provision of the Punjab Protection of Women against Violence Act, 2016, is against the injunctions of Islam[23] as laid down in the Quran and Sunnah. He held that women have the fundamental right to access justice[24] to redress their grievances.He further elaborated that the reason for appointing the male as Qawwam (قوام) is that they are duty bound to maintain the women of their family properly it does not mean that a man being a ‘Qawwam’ is allowed to inflict ‘domestic violence’ or tashadood (تشدد) upon women.[25]

Child Marriage

This case concerned the Sindh Child Marriage Restraint Act 2013, which set the minimum age of marriage for both girls and boys at 18 years. Justice Anwer held[26] that setting a minimum age for marriage by an Islamic state, is in accordance with the injunctions of Islam, because such fixation of minimum age limit provides a reasonable time to girls to complete basic education, which normally helps in developing mental maturity (rushd) in a person.[27] He further held In the light of principles of goals of Shariah, or Maqasid al Shariah, according to which protection of physical health as well as the mental health of a citizen is the duty of a Muslim state,[28] firstly, under the goal of protection of life of its citizens and, secondly, under the goal of protection of intellect of its citizens.[29]

Outlawing Practice of Swara and Vani

On 25 October 2021, Justice Dr. Syed Muhammad Anwer delivered a landmark judgement[30] in Sakeena Bibi V. Secretary Law, Government of Pakistan where he held that the practice of Swara is unconstitutional and un-Islamic as it is against the principles of the Quran and Sunna. Swara (also known as Vani and Budla-i-sulh) is a custom/tradition whereby, women and girls belonging to the offender's family are given in marriage or servitude to the aggrieved persons as compensation for reconciliation in case of rivalry, murder, or abduction in order to settle the dispute.[31] It is a form of arranged or forced child marriage. The decision[32] is made by a council of tribal elders called Jirga or Panchayat. The practice violates the rights of women and girls to a significant extent and places them at high risk of violence and abuse.[33]

Declaring Khula as an Absolute Right of Women

Justice Anwer held[34] that the right of khula granted to women by the Quran and Sunnah is an absolute and unique right, whereby a marriage can be dissolved through a court at her will. He further held that a wife can get this right by showing her willingness to return the mehar (dower) to her husband and in addition by simply stating in a court of law that she can no longer live with her husband as his wife “within the prescribed limits set by the Almighty Allah as a reason for dissolution of marriage”.[35] Finally, the judgment noted that it is the fundamental right of a woman according to the injunctions of Islam as laid down in the Quran and Sunnah to claim a decree for dissolution of marriage from the court of law, which cannot be denied.[36]

Appointment of Female Judges is not Un-Islamic

Justice Anwer held[37] that the appointment of female judges subject to the provisions of any law and the Constitution is not against the injunctions of Islam as laid down in the Quran and Sunnah. He highlights the fact that in the whole corpus of Ahadiths, hundreds of Ahadiths are reported by the female companions (صحابيات) of Muhammad but not a single Muhadith (محدث) of any era or any scholar of any schoolof Islamic jurisprudence ever discredited any Hadith of Muhammad only on this basis that such a Hadith is reported by a woman. Secondly he pointed out that some Umahat al-Moomineen would give Juristic opinions commonly called the Fatwas. The books of Ahadith including Sahih Bukhari and Sahih Muslim contain Fatawa of Aisha (i.e. the legal opinions of Aisha so much so that there are reported instances where very senior companions sought legal opinion from Aisha. This therefore displays a strong tradition and history of legal and jurisprudential scholarship of women in Islam.

Awards and honors

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  • Implementation Minority Rights Forum Award Committee nominates Justice A R Cornelius Award 2024[38] to Honorable Mr. Justice Dr. Syed Muhammad Anwar, Senior Judge Federal Shariat Court of Pakistan. The award was presented by Honorable Mr. Justice Syed Mansoor Ali Shah , Senior Judge Supreme Court of Pakistan , Mr. Samuel Maksan , Chairman Implementation Minority Rights Forum and Honorable Mr. Azam Nazir Tarar, Federal Minister for Law, Justice & Human Rights.
  • In a historic inaugural presentation, the Cambridge Lifetime Achievement Award[39] 2024 was conferred upon Honourable Justice Dr. Syed Muhammad Anwer from the Federal Shariat Court of Pakistan . His pivotal role in the landmark decision to integrate a Riba-free economy into the Pakistani constitution marks a monumental shift in Islamic finance, celebrating his lifelong dedication to Islamic financial principles.
  • Quaid-i-Azam University Islamabad honoured Justice Dr Syed Muhammad Anwer with the prestigious Lifetime Achievement Award[40] on 18 December 2024.[41][42]

References

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  1. ^ Federal Shariat Court, Pakistan (16 May 2022). "Chief Justice of Federal Shariat Court of Pakistan".
  2. ^ Hon'ble Chief Justice, FSC, Pakistan. "Profile Picture of Hon'ble Chief Justice Federal Shariat Court of Pakistan".{{cite web}}: CS1 maint: multiple names: authors list (link)
  3. ^ Federal Shariat Court, Pakistan (16 May 2022). "Federal Shariat Court of Pakistan Press Release" (PDF). Federal Shariat Court.
  4. ^ "Ministry of Law and Justice". Retrieved 10 July 2023.
  5. ^ Government of Pakistan, Ministry of Law and Justice. "Ministry of Law and Justice". Retrieved 5 July 2023.
  6. ^ http://maap.edu.pk/
  7. ^ https://bisegrw.edu.pk/download/governed/Adibandothers.pdf
  8. ^ "Mr. Justice Dr. Syed Muhammad Anwer - Federal Shariat Court of Pakistan". Federalshariatcourt.gov.pk. 26 September 1965. Retrieved 6 August 2023.
  9. ^ "Dr Syed Muhammad Anwer - Institute of Policy Studies". Ips.org.pk. 7 September 2019. Retrieved 6 August 2023.
  10. ^ Wasif, Sehrish. "Appointment of CII Members". The Express Tribune. Retrieved 14 April 2023.
  11. ^ Government of Pakistan, Ministry of Law and Justice. "Notification". Retrieved 14 April 2023.
  12. ^ "Appointment of Additional, Deputy Additional Attorneys General approved". Business Recorder. Retrieved 14 April 2023.
  13. ^ https://www.federalshariatcourt.gov.pk/Judgments/S-P%2030-L1991%20Riba%20Case-28.04.2022.pdf
  14. ^ https://www.dawn.com/news/1687237
  15. ^ : https://tribune.com.pk/story/2354573/fsc-gives-govt-five-years-to-eliminate-riba
  16. ^ https://tribune.com.pk/story/2385489/govt-announces-end-to-riba-in-five-years
  17. ^ https://www.business-standard.com/article/international/pakistan-govt-to-implement-interest-free-banking-system-by-2027-122110901733_1.html
  18. ^ https://tribune.com.pk/story/2504265/26th-amendment-mandates-elimination-of-riba-by-2028
  19. ^ https://www.youtube.com/watch?v=UqDCY6PD22E
  20. ^ https://tribune.com.pk/story/2504345/mufti-taqi-usmani-lauds-elimination-of-riba-through-26th-amendment
  21. ^ https://tribune.com.pk/story/2505052/jui-f-to-celebrate-constitutional-amendment-with-nationwide-youm-e-tashakur-on-friday
  22. ^ https://ohrh.law.ox.ac.uk/pakistans-federal-shariat-court-affirms-that-the-punjab-protection-of-women-against-violence-act-2016-aligns-with-islamic-injunctions/
  23. ^ https://www.federalshariatcourt.gov.pk/Judgments/Shariat%20Petition%2003-I%20of%202016%20Prof%20M%20Ibrahim%20Khan%20-%20Women%20Protection.pdf
  24. ^ https://www.loc.gov/item/global-legal-monitor/2023-01-25/pakistan-federal-shariat-court-upholds-punjab-protection-of-women-against-violence-act/
  25. ^ https://www.app.com.pk/national/domestic-violence-legislation-ensures-justice-delivery-protection-of-women-cj-fsc/
  26. ^ https://www.federalshariatcourt.gov.pk/Judgments/Sr.P.No.10.I.of.2020.pdf
  27. ^ https://www.dawn.com/news/1740845
  28. ^ https://tribune.com.pk/story/2404684/shariat-court-dismisses-petition-against-sindh-child-marriage-act
  29. ^ https://www.brecorder.com/news/40230369
  30. ^ https://ohrh.law.ox.ac.uk/federal-shariat-court-of-pakistan-declares-the-custom-of-swara-as-un-islamic-and-unconstitutional/
  31. ^ https://www.thenews.com.pk/print/910102-advancing-children-s-rights
  32. ^ https://www.federalshariatcourt.gov.pk/Judgments/Judgment%20on%20Swara%20(Shariat%20Petition%2025.10.2021).pdf
  33. ^ https://www.dawn.com/news/1654025
  34. ^ https://www.federalshariatcourt.gov.pk/Judgments/Shariat%20Petition%2016-I%20of%202022%20Haji%20Saif%20ur%20Rehman%20vs%20Govt%20of%20Pakistan%20-%20Khulla.pdf
  35. ^ https://tribune.com.pk/story/2439967/fsc-declares-womens-right-to-khula-as-absolute
  36. ^ https://niche.com.pk/federal-shariat-court-rules-womens-right-to-khula-as-absolute/
  37. ^ https://www.federalshariatcourt.gov.pk/Judgments/SHARIAT%20PETITION%20NO.25-I%20OF%202022.pdf
  38. ^ https://staging.brightfuturesocietypk.org/justice-cornelius-award/
  39. ^ https://www.zawya.com/en/press-release/companies-news/islamic-retail-banking-summit-2024-fostering-collaboration-and-innovation-ogdk34jo
  40. ^ https://www.zawya.com/en/press-release/events-and-conferences/international-islamic-economics-and-development-conference-concludes-successfully-at-qau-h8euxnyw
  41. ^ isbpostadmin (18 December 2024). "QAU-IPS hold 2nd International Islamic Economics conference on the theme of Islamic Social Finance". Islamabad Post. Retrieved 18 December 2024.
  42. ^ abrar (18 December 2024). "Islamic Economics gaining prominence as conventional models struggle to address global shifts -". Retrieved 19 December 2024.
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