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Justice Dr. Syed Muhammad Anwer

Justice Dr. Syed Mohammed Anwer,(Urdu: سید محمد انور  (was elevated as Aalim Judge in Federal Shariat Court on 12th May, 2020,.[1] Subsequently, he was appointed as Acting Chief Justice of the Federal Shariat Court by the President of Pakistan Dr. Arif Alvi on 16th May, 2022.[2] Before elevation, he was appointed by the then President of Pakistan, Mamnoon Husain as a member of the Council of Islamic Ideology on the basis of his extensive research and contributions in the field of Islamic jurisprudence, Islamic finance and Shariah.[3] 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[4], 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.[5] 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[6][7], prior to which he was elected President of Islamabad Bar Association for the year 2013.

Early Life & Education

He was born and spent his early life in the city of Rawalpindi, Pakistan while attending FG Sir Syed School.[8] He received his Bachelors (LLB Honors) degree from International Islamic University. Afterwards, he went on to attend the prestigious Kyushu Imperial University, in Japan as a Monbusho Scholar where he completed his LLM in International Economic Law. Concurrently he successfully completed his MPhil degree in the discipline of Public Policy and International Relations titled Comparative Political Studies & Administration in Asia (CSPA) from the same university. He completed his religious education from traditional madrasahs from where he received his degree of Maulvi Fazil and Daur-i-tafseer etc. pursued his PHD in Islamic Studies from University of Punjab. In addition to this, he had also completed his Masters in Islamic Studies, Masters in Arabic Language and Literature, and Masters in Oriental Learning from the University of Punjab. Justice Dr. Syed Mohammed Anwer is a distinguished alumnus of The Hague Academy of International law and the Utrecht University, Netherlands where he attended the specialized international course on human rights for judges and lawyers. He is also a graduate of the Institute of European Studies Macau where he completed his diploma in International Trade law with focus on the World Trade Organization (WTO).[9]

Leading Judgements

Riba and Islamic Banking

He famously authored the landmark judgement in the case of ''M/s. Farooq Brothers Vs. UBL, PLD 2023 Federal Shariat Court 47'' [10]on the prohibition of riba on 28th April 2022[11][12][13][14][15] (27 Ramadan 1443 AH) which was pending for more than two decades in the Federal Shariat Court, after being remanded from the Shariat Appellate Bench of the Supreme Court of Pakistan in the year 2000.[16] This verdict's comprehensive and structured approach to addressing important issues and probable obstacles, which leaves no room for ambiguity, is one of its most notable features. 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. It declared banking interest as Riba.

Another noteworthy aspect of this judgment is its vast applicability as it sheds light on the conversion guidelines for international loans. The decision highlights the fact that now Islamic finance is not only accepted by global financial institutions like IMF, World Bank & ADB, but they are also supporting this sector and have taken several steps to promote it.[17][18][19][20][21][22]

The judgement instructs to carry out future borrowing through the ample Shariah-Compliant modes available in the international financial markets, which are well recognized by the International Banks and Financial Institutions.

Finally, the judgment has provided a clear deadline of five years for the conversion of Pakistan’s financial system according to the principles of Islam in order to completely eliminate Banking interest being Riba, from the economy and legal system. As a result of this, the government of Pakistan reached an understanding with the State Bank of Pakistan (SBP) and National Bank of Pakistan (NBP) to withdraw their appeals against the Federal Shariat Court’s (FSC) order to fulfill the government’s commitment to making Pakistan’s banking and economic sector Riba free.[23][24] In order to achieve this goal, the government also constituted a Steering Committee under the patronage of Federal Minister for Finance and Revenue to provide guidance on the legal and regulatory reforms required for the implementation of Federal Shariat Court’s judgment on Riba.[25]

Muhammedan Law

Through his judgement in the case of Najat Welfare Foundation Vs. Federation of Pakistan, PLD 2021 Federal Shariat Court 1[26] he clarified a longstanding misconception in the legal community of the subcontinent regarding the book “Muhammeden Law” by D.F. Mulla as being misperceived as a statutory law containing provisions regarding Muslim personal law. As a result of this misconception, the provisions which are not stated in this book or omitted by the author were not perceived by Lawyers as part of Muslim Personal Law, especially those which are related to the rights of women regarding their inheritance rights and some other matrimonial rights. Through this judgement the actual and real status of the book has clearly been explained that it is fundamentally a translation of a few classical books of Hanafi fiqh and jurisprudence that are written in a manner that becomes user friendly and looks like a English Common Law Statute as each paragraph contains a different and exclusive topic along with being numbered in sequence so that it gives the appearance of a statute. This misconception was removed, resultantly paving the way for evolution and modernization of Muslim Personal law within the limits of Quran and Sunnah. The judgement is appreciated and welcomed by all the sects present in Pakistan because the Muslim Personal Law is no more limited to one particular interpretation.

Abolition of Child Marriages

He also gave a landmark judgement in the case of Farooq Omar Bhoja Vs. Federation of Pakistan, PLD 2022, Federal Shariat Court 1[27][28], restraining the abusive practice of child marriage, wherein he declared under Islamic law that the state has power to fix a minimum age of marriage.[29] Consequent to which the laws of the Islamic Republic of Pakistan, setting the minimum age of girls and boys are in conformity to Islamic injunctions as this concept conforms to the sharia principle of goals of sharia (maqasad-al-shariah) and principle of blocking the harms (sad-ul-dharai).

Domestic Violence against women

His judgement in the case of Professor Muhammad Ibrahim Khan Vs. Province of Punjab, PLD 2023 Federal Shariat Court 1[30], declaring the Punjab Protection of Women against Violence Act 2016, as according to Islamic Injunctions received strong appreciation among INGO’s and civil society. The petitioners' reliance on verses from the Holy Quran to provide instructions for resolving marital issues in life was evaluated by the court (including verses 34 and 35 of Surah An-Nisa). The Court determined that Islam grants women the right of access to justice by taking into account numerous verses of the Holy Quran and Ahadith of the Holy Prophet (PBUH): In particular, verse 1 of Surah Al-Mujadilah recognized that women had a fundamental right to protest along with the right to obtain justice and have their complaints heard. Furthermore, no one has the right to use violence against a female family member under the Islamic faith. As a result, contrary to what the petitioners claimed, the Act addressed those who committed domestic violence rather than targeting men specifically.

The court determined that men and women are equal in the eyes of the law according to the Quran and Sunnah, (e.g. Surah: Al-Hujrat:13, An-Nahl:97 and Surah Ghafir: 40, etc.). Islam particularly prohibited domestic violence because a man cannot abuse his female relatives while claiming to be acting out of religious duty.

Eradication of Anti-Women Customs and Practices (Swara & Wani)

Mst. Sakina Begum Vs. Government of Pakistan, PLD 2022 Federal Shariat Court 64[31], was decided in a landmark judgment by Justice Dr. Syed Mohammad Anwer. According to this ruling, the practice of Swara was declared to be against the the principles of the Holy Quran and Sunnah, making it both illegal and un-Islamic. Swara, also known as Vani and Budla-i-sulh, is a custom or tradition in which women and girls from the offender's family are delivered to the wronged parties in exchange for reconciliation following rivalry, murder, or kidnapping in order to resolve the conflict.

Social Activism

Justice Dr. Syed Mohammed Anwer remained an active member of the civil society. He wrote various books on subjects ranging from human rights[32][33], women emancipation[34], media[35] and Islamic jurisprudence[36] and Shariah. He wrote articles on different social issues including, socio linguistics and geo-politics. His academic works also extended to world Islamic history, which culminating into an innovative and comprehensive chart on the subject.[37] Furthermore he has also delivered lectures in various institutions, policy think-tanks and universities, mainly on Islamic Jurisprudence and Shariah, International Law and Human Rights.[38][39]

Samrup Rachna Samrup Rachna[40][41] is a form of calligraphic art created by Dr Syed Mohammed Anwer to promote peace and collaboration in the region of South Asia where Hindustani is spoken.[42][43][44][45]

The name comes from the Sanskrit words Samrup (सामरुप) (سامروپ), meaning "congruence" or similar, and Rachna (रचना) (رچنا) meaning "creative work or design".[46] The calligraphy is an attempt to use the two altogether different Devanagari and Nastaʿlīq script scripts, used by the same language, Hindi-Urdu, in unison in such a manner that a picture of the word which is written is formed. This work is also acknowledged by Indian and Pakistani print media.[47][48][49][50]

[1] Notification of Appointment, Aalim Judge at Federal Shariat Court  https://molaw.gov.pk/NewsDetail/ZTIxOGU5MzktMTBiZC00Y2ZjLTkxYTYtNjg5MThkODYxZjdk

[2] Notification of Appointment as Acting Chief Justice Federal Shariat Court  https://molaw.gov.pk/NewsDetail/MWU5YjFkMDUtYjI2Yi00NWYwLWJiZWEtZmM2YWFlNDJhMTVl

[3] News regarding appointment as member of Council of Islamic Ideology  https://tribune.com.pk/story/1725540/president-appoints-new-cii-members

[4] Notification of Appointment a judicial member of Customs Appellate Tribunal < https://molaw.gov.pk/NewsDetail/MWJhMDU5OTQtMjAxNS00ZTdkLTg4Y2YtNGQ4YmMwNjQ5MzE0 >

[5] Dr. Syed Muhammad Anwer professional qualifications < https://www.federalshariatcourt.gov.pk/en/mr-justice-dr-syed-muhammad-anwer/ >

[6] Appointment as Deputy Attorney General < https://fp.brecorder.com/2014/09/201409131223377/ >

[7] Dr. Syed Muhammad Anwer professional qualifications < https://www.ips.org.pk/dr-syed-muhammad-anwer/#:~:text=He%20has%20held%20different%20senior,of%20IPS%20National%20Academic%20Council .>

[8]

[9] Dr. Syed Muhammad Anwer academic qualifications < https://www.maritimestudyforum.org/team/dr-syed-mohammed-anwer/ >

[10] Federal Shariat Court Judgement Text < https://www.federalshariatcourt.gov.pk/Judgments/S-P%2030-L1991%20Riba%20Case-28.04.2022.pdf >

[11] Tribune Article on Federal Shariat Court Judgement regarding elimination of Riba < https://tribune.com.pk/story/2354573/fsc-gives-govt-five-years-to-eliminate-riba >

[12] Dawn Article on Federal Shariat Court Judgement regarding elimination of Riba https://www.dawn.com/news/1687237

[13] Pro-Pakistani Article on Federal Shariat Court Judgement regarding elimination of Riba < https://propakistani.pk/2022/04/28/court-orders-govt-to-end-riba-based-haram-financial-system/ >

[14] Global Village Space Article on Federal Shariat Court Judgement regarding elimination of Riba < https://www.globalvillagespace.com/shariat-court-directs-government-to-move-away-from-interest-based-banking/ >

[15]

[16] < https://islamiclaw.blog/2015/04/27/case-study-the-shariat-appellate-bench-of-pakistan-and-the-review-of-the-federal-shariat-courts-riba-decision/ >

[17] Islamic Finance and IMF < https://www.imf.org/external/themes/islamicfinance/ >

[18] IMF Publication on Islamic Finance < https://www.imf.org/en/Publications/SPROLLs/islamic-banking#sort=%40imfdate%20descending >

[19] World Bank and Islamic Finance < https://www.worldbank.org/en/topic/financialsector/brief/islamic-finance >

[20] World Bank Global Report on Islamic Finance < https://openknowledge.worldbank.org/handle/10986/25738 >

[21] Asian Development Bank on Islamic Finance < https://www.adb.org/what-we-do/sectors/finance/islamic-finance#:~:text=ADB's%20Islamic%20Finance%20Working%20Group,from%20various%20departments%20in%20ADB .>

[22] Asian Development Bank Publication on Islamic Finance < https://www.adb.org/publications/islamic-finance-asia >

[23] Government Withdraws Appeal < https://www.dawn.com/news/1719942 >

[24] Government Withdraws Appeal < https://www.brecorder.com/news/40207936 >

[25] Government constitute steering committee < https://mettisglobal.news/govt-constitutes-steering-committee-to-eliminate-riba/ >

[26] Federal Shariat Court Judgement < https://www.federalshariatcourt.gov.pk/Judgments/Shariat%20Petition%20No.02-I%20of%202014-Najaat%20Welfare%20.pdf >

[27] Dawn Article on Judgement < https://www.dawn.com/news/1654648 >

[28]  Express Tribune Article  < https://tribune.com.pk/story/2326873/setting-age-limit-for-marriage-not-un-islamic-fsc >

[29] Tribune Editorial and Opinion < https://tribune.com.pk/story/2326948/landmark-judgment-1 >

[30] Oxford Human Rights Hub < 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/ >

[31] Oxford Human Rights Hub  < https://ohrh.law.ox.ac.uk/federal-shariat-court-of-pakistan-declares-the-custom-of-swara-as-un-islamic-and-unconstitutional/ >

[32] Establishment of Transgender Child Protection Centers https://www.thenews.com.pk/latest/1020373-fsc-orders-establishment-of-child-protection-centre-for-transgender-kids

[33] National Seminar on Human Rights https://www.iiu.edu.pk/?p=59094

[34] Book < https://archive.org/details/IslamMainAuratKiGawahi >

[35] Book on Media and Islam https://emel.com.pk/index.php/product/media-islam-aur-ham/

[36] Book https://archive.org/details/NikahMeWaliKiHesiyat_201905

[37] Chart titled “Islamic History of the World” < https://www.hilal.gov.pk/eng-article/detail/NDkzOQ==.html >

[38]

[39] Bol News Article < https://www.bolnews.com/pakistan/2022/08/federal-shariat-court-acting-cj-emphasizes-religious-harmony/ >

[40] Samrup Rachna Wikipedia Page < https://en.wikipedia.org/wiki/Samrup_Rachna>

[41] Samrup Rachna Book < https://www.bibliaimpex.com/index.php?p=sr&format=fullpage&Field=bookcode&String=9789698499037 >

[42]  "About Hindi-Urdu". North Carolina State University. < https://web.archive.org/web/20090815023328/http://sasw.chass.ncsu.edu/fl/faculty/taj/hindi/abturdu.htm >

[43] Michael Huxley (editor) (1935), The Geographical magazine, Volume 2, Geographical Press, https://books.google.com/books?id=Z1xOAAAAIAAJ, "... For new terms it can draw at will upon the Persian, Arabic, Turkish and Sanskrit dictionaries ..."

[44] Royal Society of Arts, Great Britain (1948), Journal of the Royal Society of Arts, Volume 97, https://books.google.com/books?id=fx_SAAAAMAAJ, "... it would be very unwise to restrict it to a vocabulary mainly dependent upon Sanskrit, or mainly dependent upon Persian. If a language is to be strong and virile it must draw on both sources, just as English has drawn on Latin and Teutonic sources ..."

[45] Robert E. Nunley, Severin M. Roberts, George W. Wubrick, Daniel L. Roy (1999), The Cultural Landscape an Introduction to Human Geography, Prentice Hall, ISBN 0-13-080180-1, https://books.google.com/books?id=7wQAOGMJOqIC, "... Hindustani is the basis for both languages ..."

[46] The News Column https://web.archive.org/web/20160303164837/http://e.thenews.com.pk/pindi/2-23-2016/page19.asp

[47] Article < https://www.thenews.com.pk/print/100207-Unique-linguistic-art-book-launched >

[48] BBC Article < https://www.bbc.com/urdu/pakistan/2016/02/160220_urdu_hindi_caligaphy_ra >

[49] Tribune Article < https://tribune.com.pk/story/1039277/language-has-no-religion-pakistani-lawyer-fuses-urdu-hindi-in-calligraphy >

[50] The Tribune India < https://www.tribuneindia.com/news/archive/arts/a-bridge-across-scripts-220047 >