Q1-Two Systems of Ethics

• There are two systems of Ethics

Formalism and Consequentalism. Both
systems are not mutually exclusive in the
outcomes of their moral analysis. They
begin from different assumptions.
 Formalism

• Formalism is also called Deontology which is an

approach to Ethics that affirms absolute morality. A
particular act is in itself right or wrong. For example
lying is wrong so there is no justification for end,
because wrongness does not depend on the situation
in which the lie is told.
• Divorce
• Stealing
 Consequentalism
• Consequentalism is also called Teleology, it concerns moral
consequences of actions rather than with the morality or the
actions themselves. For consequentalist lying itself is not
unethical. It is the consequences, things in result of lying,
that must be evaluated for their ethical implications.
• The dominant form of consequentalism is utilitarianism
judges actions by usefulness, by whether they served to
increase the common good.
• Stealing data from company isn’t bad but the consequence
of ethical implication like stealing data make discomfort or
harm someone’s reputation is bad.
• Divorce isn’t bad its right to make a decision but divorce is
given in revenge while in case of “ADLA BDLI” marriages
which can potentially harm honor of both families.
 Key ingredients of Business Ethics
1. Corporate Compliance
Particularly related to government contracts - gave rise to corporate
compliance, which is most often narrowly focused on complying with
national and local laws and regulations. Policies, procedures and penalties
2. Corporate Responsibility
Corporate responsibility refers to fulfilling the responsibilities or
obligations that a company has towards its stakeholders. To take care of
their product’s quality and packaging with mentioned safety. Or taking care
of their concerns.
3. Corporate and Social Responsibility
Corporate and social responsibility can be understood in terms of
corporate responsibility, but with greater stress laid upon the obligations a
company has to the community, particularly with respect to charitable
activities and environmental stewardship. Consent of public through EIA
for making decisions.
4. Corporate Governance
Corporate governance refers to the oversight of company operations by
bodies (e.g., board of directors) that bear the responsibility to oversee,
direct, and evaluate company operations on behalf of the company’s
investors. Any decision don’t hurt consent of investors.
 MAGNA CARTA
• Clause 8: No widow is to be distrained to marry while
she wishes to live without a husband, as long as she
gives security that she will not marry without our
consent, if she holds of us, or without the consent of her
lord of whom she holds, if she holds of someone else.
• Clause 13: And the city of London is to have all its
ancient liberties and free customs, both on land and
water. Moreover we wish and grant that all other cities,
boroughs, towns and ports are to have all their liberties
and free customs.
• Clause 19: And if those assizes cannot be held
on the day of the county court, as many
knights and free tenants are to remain out of
those who were present on that day of the
county court [as are needed] for the sufficient
making of judgments, according to whether
the business is great or small.
• Clause 33: All fish-weirs are in future to be
entirely removed from the Thames and the
Medway, and throughout the whole of
England, except on the sea-coast.
 Fundamental Rights
13.Protection against double punishment and
self incrimination.

No person:- (a) shall be prosecuted or punished for the

same offence more than once; or

(b) shall, when accused of an offence, be compelled to be a

witness against himself.
 Fundamental Rights
14.Inviolability of dignity of man, etc.

(1)The dignity of man and, subject to law, the

privacy of home, shall be inviolable.

(2)No person shall be subjected to torture for

the purpose of extracting evidence.
 Fundamental Rights
15.Freedom of movement, etc.

Every citizen shall have the right to remain in,

and, subject to any reasonable restriction
imposed by law in the public interest, enter
and move freely throughout Pakistan and to
reside and settle in any part thereof.
 Fundamental Rights
16.Freedom of assembly.

Every citizen shall have the right to assemble

peacefully and without arms, subject to any
reasonable restrictions imposed by law in the
interest of public order.
 18 Amendment
th

19A. Right to information.-

Every citizen shall have the right to have
access to information in all matters of public
importance subject to regulation and
reasonable restrictions imposed by law".
 Fundamental Rights
23.Provision as to property.

Every citizen shall have the right to acquire,

hold and dispose of property in any part of
Pakistan, subject to the Constitution and any
reasonable restrictions imposed by law in the
public interest.
 18 Amendment
th

25A. Right to education.

The State shall provide free and compulsory
education to all children of the age of five to
sixteen years in such manner as may be
determined by law.
 Fundamental Rights
28.Preservation of language, script and
culture.

Subject to Article 251 any section of citizens

having a distinct language, script or culture
shall have the right to preserve and promote
the same and subject to law, establish
institutions for that purpose.
 5. Public Law
• Public law is governing the relationship between
individuals, organizations, corporations, and the state.
• Civil law, criminal law, administrative law, procedural
law are the sub- divisions of public law.
• The government must obey the law. For example, a citizen
unhappy with a decision of an administrative authority can
ask a court for judicial review. such as local authority is forced
to do or to stop doing something because they are acting
unlawfully, by being unreasonable or irrational. EG HUMAN
RIGHTS LAW, DISCRIMINATION, FREEDOM OF SPEECH
• The simple difference between public and private
law is in those that each affects. Public law affects society as
a whole, while private law affects individuals, families,
businesses and small groups.
 6. Private Law
• Private law deals with relationship of individuals to each
other.
• Private law covers law of contract, tort, obligations and
rights.
• Private law also covers private relationship between
governments and private individuals based on law of
contract or law of tort
• It is distinguished from public law which deals with law
involving the state including regulatory statutes, criminal
law, and other laws.
• Public law involves interaction between general public and
state while private law involves interactions between private
citizens.
• Property law
• Criminal law
 Sources of Law

Sources
Sources of law are the material and processes out
of which law is developed.
Basic sources are:
1. Constitution
2. Statutes
3. Case Laws
 1. Constitution
Constitution is a system for state governance and
codified as a written documents that provides the
framework for running the affairs of state through rules,
regulations, and principles.

There are two type of constitutions:

1. Written constitution (Pakistan, USA, India etc)
2. Un-written constitution (UK, Saudi Arabia, Israel etc).
 Constitution

Salient features of constitution:

• It defines political principles, procedures, powers,
functions of institutions, duties of government, and
fundamental rights.
• Constitution is the supreme law and it supersedes all
other laws of land.
 2. Statutes

• Statute is a set of written enactment of a

legislative authority that governs specific affairs of
state.
• Statutes are the result of parliamentary
legislation as Acts.
• Statutes basic function is to command or
prohibit acts.
• Statutes are primary source of law.
 3. Case Laws

Case law is also known as decisional law or legal

precedent. It is based on the courts judgments. Judicial
judgments and opinions are the basic rules providing
guideline to state institutions to run their day to day
affairs in accordance with law.
 3. Case Laws
• Case law is judge-made law.
• Judge interprets law, statutes, and regulations.
• If a lower court judge acts against any precedent and that judgement
is not challenged in higher court that judgement will stand active.
• A court may rule against a precedent that is outdated and ground
realities are changed.
• A court may over rule its own previous judgement.
• A court may review its own decision and may pass order vice versa
of previous decision.
• Court may take suo moto notice of any government
discriminatory decision or action that is contrary to law
 Personnel

• The individuals who are presiding in courts are called

“JUDGES” or “MAGISTRATES” Basic functions of the
Trial Judge is to determine the applicable laws to be
used to decide the case.
• The laws and rules may be procedural or substantive.
• Judges are the main link between the law and the civil
society. They render decisions that deal directly with
people in conflict.
 Organization of Court System in Pakistan
Supreme Court of
Pakistan

Federal Shariate
Court

Sindh High Peshawar Lahore Balochistan

Court High Court High Court High Court

Tribunals & Special Courts

District & District & District & District &

Session Judge Session Court Session Court Session Court

Asstt. Session Judge/ Asstt. Session Judge / Asstt. Session Judge / Asstt. Session Judge /
Sr. Civil Judge Sr. Civil Judge Sr. Civil Judge Sr. Civil Judge

Judicial Magistrate/ Judicial Magistrate/ Judicial Magistrate/ Judicial Magistrate/

Civil Judge Civil Judge Civil Judge Civil Judge
 Court System in Pakistan
• Pakistan's judicial system stems directly from the
system that was used in British India.
• Supreme Court is the superior court in Pakistan.
• The Supreme Court of Pakistan has original, appellate,
and advisory jurisdictions.
• The President of Pakistan appoints the Chief Justices
and Justices of Supreme Court and High Courts. Each
Province and Federal Capital has a High Court.
• Below the High Courts are Tribunals and Special
Courts and District and Session Courts, and below these
are subordinate courts like Civil Courts on the civil side
and Magistrates Courts on the criminal side.
 Court System in Pakistan

Court system in Pakistan is made up of many

courts with different jurisdiction. Pakistan has
three level of Federal Courts and three division
of Lower courts.

1. Superior Courts
2. Higher Courts
3. Lower Courts
 Supreme Court of Pakistan

• The Supreme Court of Pakistan is

the apex court in the judicial
hierarchy of the country and is
comprised of the Chief Justice and
18 Judges.
 QIYAS / ISTEHSAN
• Primary Sources
1. Quran
2. Hadith
• Secondary Sources
1. Ijma
2. Qiyas
3. Istidlal
4. Ijtehad
5. Istihsan/ Istihlah
 Sources Of Islam

Primary Secondary

Al Quran Al Hadith Ijma Qiyas Istidlal Ijtehad Istehsan

 Qiyas Definition

1. Literal
• Qiyas means measuring or ascertaining the length, weight or quality of
something. Scales are called miqyas. Example; the cloth was measured
by the yardstick.
• Qiyas also means comparison – equality or similarity between two
things

2. Technical
• Qiyas is an extension of a Shari'ah value from an original case (asl) to a
new case, because the latter has the same effective cause (illah) as the
former.
• The original case is ruled by the Quran or Sunnah and qiyas aims to
extend the same ruling to the new case
 The Basis of Qiyas

1. Surah al-Nisa’ 4:59

“… then if you quarrel of anything, refer it to
Allah and the Messenger…”

2. Surah al-Nisa’ 4:105

“We have sent to you the book with the Truth so
that you may judge among people by means of
what Allah has shown you”.
 The Pillars of Qiyas
1. The original case ( asal - ‫) اصل‬
2. The new case ( far’a – ‫) فرع‬
3. The effective cause ( illat -‫)علّت‬
4. The rule ( hukm - ‫)حکم‬
 QIYAS
• Qiyas also means comparison to establish equality or similarity between two things. In the
language of Usul, Qiyas is the extension of a Shari'ah ruling from an original case (Asl) to a
new case (Far') because the new case has the same effective cause (Illah) as the original
case. The original case is regulated by a text of the Qur'an or the Sunnah and Qiyas seeks to
extend the original ruling to the new case. The emphasis of Qiyas is identification of a
common cause between the original and new case. However, for all practical purposes,
Qiyas leads to new ruling on a different matter. Example No 1 The Qur'an (al-Jumu'ah, 62:9)
forbids selling or buying goods after the last call for Friday prayer until the end of the prayer.
By analogy this prohibition is extended to all kinds of transactions, since the effective cause
called (Illah), that is, diversion from prayer, is common to all. Asl – forbids selling & buying
Far’ – forbids all kinds of sale i.e. agricultural activity, industrial activity etc. ‘Illah – diversion
from prayers Hukm – prohibition Example No 2 Prohibition of wine drinking based on
Qur’anic verse in Surah Al-Maidah:90 Asl – wine drinking Far’ – taking drug
• 2. ‘Illah – intoxicating effect Hukm – prohibition Example No 3 Smoking in mosque Asl –
eating onion in mosque Far’ – smoking in mosque ‘Illah – causing bad smell to the mouth
Hukm - prohibition/haram Example No 4 Life insurance Asl – gambling Far’ – life insurance
‘Illah – contain the elements of gharar, gambling and riba Hukm - prohibition/haram Example
No 5 Criminal misappropriationof property – Asl – theft Far’ – criminal misappropriation of
property ‘Illah – take unlawful possession of one’s property Hukm - prohibition/haram.
Conclusion Qiyas is a methodology developed by jurists through which rulings in new areas
are kept close to the Qur'an and Sunah because new rulings are based on the Illah (causes)
discovered in the legislation of the Qur'an and
 ISTEHSAN
• Examples of Istihsan
i. The ruling of S.Umar in cases of theft
during a widespread famine – cutting
of hands of thieves was suspended
ii. The ban imposed on sale of slave’s
mother (ummahat al-aulad)
iii. The ban on marriage with kitabiyyahs
in certain cases
-on grounds of public interest, equity
and justice.
The judgement of ‘Umar in the case
of Muhammad ibn Salamah.
- Salamah’s neighbour asked for a
permission if he could extend a water
canal through Salamah’s property, and he
was granted the request on the ground
that no harm was likely to accrue to
Salamah.
Permission to women to travel
without mahram under exceptional
situation.
vi. Methods of proof in the law of
evidence extends to documentary
evidence, photography, sound
recording, laboratory analysis, DNA
test, etc. - due to changes in social
Situations.
looking at the private parts of people in
medical treatment. The general rule is
that it is unlawful to look at private parts,
but it is recommended to avert harm.
– granting trusteeship to someone
without
good character in order to avert hardship
as was made clear under analogy