Comparative Analysis in Terms of Islamic Viewpoint Regarding Appointment of Judges in Superior Courts of Malaysia and Pakistan

Abstract

No society can survive without the system of justice. It’s a part and parcel of human’s life. Justice is dispensed through the particular persons called judges. Judges are the backbone of a judicial system. Judges are appointed in accordance with its respective system. The objective of this research is to analyze the appointment of judges in superior courts of Malaysia and Pakistan. What are the main differences in appointment of judges in Malaysia and Pakistan? How judges are appointed and what qualification is required for appointments in the both judicial systems. How Malaysian judicial system is different from the Pakistani judicial system. Uniqueness and drawbacks of both judicial systems are also explained. This research paper is related to the Malaysian and Pakistani superior courts only. These courts play an active role in the making of the law because these are constitutional courts, although the law is made by the legislature. Precedents of superior courts are guide for subordinate judiciary, and the lower courts are bound to give judgments in the light of precedents of superior courts.

Keywords:Appointment of judges, Malaysia judicial system, Pakistani judicial system, superior courts