Civil law in Pakistan governs non-criminal legal disputes between individuals, organizations, or the state. It encompasses a wide range of legal areas, such as contracts, property, family matters, torts (wrongful acts), and inheritance. Here’s a detailed overview:
⚖️ 1. Legal Foundation of Civil Law in Pakistan
Civil law in Pakistan is based on:
British Common Law (pre-1947)
Islamic law (Sharia), particularly in personal matters
Statutory laws passed by the Pakistani legislature
Judicial precedents (decisions by higher courts)
📚 2. Major Areas of Civil Law
🔹 Contract Law
Governed by the Contract Act, 1872
Deals with agreements between parties and enforcement of promises
Includes breach of contract, damages, and specific performance
🔹 Property Law
Based on Transfer of Property Act, 1882, Land Revenue Act, and Islamic principles
Covers ownership, lease, sale, gift, and inheritance of property
Includes disputes over possession, ownership, and illegal occupation
🔹 Family Law
Governed by Muslim Family Laws Ordinance, 1961, and personal laws for non-Muslims
Includes marriage, divorce, child custody, maintenance (nafaqah), and inheritance
🔹 Tort Law (Civil Wrongs)
No codified tort law, but common law principles apply
Covers defamation, negligence, nuisance, trespass, etc.
🔹 Inheritance Law
Follows Islamic law (Sunni or Shia) for Muslims
Governed by Succession Act, 1925 for non-Muslims
Determines legal heirs and distribution of estate
🏛️ 3. Civil Courts and Their Jurisdiction
Civil courts are organized into:
Civil Judge Courts – deal with suits up to a specified monetary limit
Senior Civil Judges / District Judges – handle higher-value or complex cases
High Courts – hear civil appeals and constitutional matters
Supreme Court of Pakistan – final appellate authority
Family courts, rent tribunals, consumer courts, and revenue boards also deal with specific civil matters.
⚖️ 4. Civil Procedure
Civil disputes are handled under the Code of Civil Procedure, 1908 (CPC). Key steps include:
Filing of a plaint
Issuance of summons to defendant
Written statement by the defendant
Evidence and witnesses
Arguments and judgment
Possible appeals in higher courts
📌 5. Remedies in Civil Law
Compensatory damages (money for loss)
Injunctions (stop or compel actions)
Specific performance (especially in property contracts)
Declaratory relief (clarifying legal status or rights)
🕊️ 6. Alternative Dispute Resolution (ADR)
To reduce burden on courts, civil disputes can also be settled through:
Arbitration (under Arbitration Act, 1940)
Mediation or conciliation
📖 7. Important Civil Laws in Pakistan
Contract Act, 1872
Specific Relief Act, 1877
Transfer of Property Act, 1882
Registration Act, 1908
Limitation Act, 1908
Partition Act, 1893
Muslim Family Laws Ordinance, 1961
West Pakistan Land Revenue Act, 1967
Guardian and Wards Act, 1890
Succession Act, 1925 (for non-Muslims)
⚠️ 8. Limitations and Challenges
Delays in justice due to backlog of cases
Limited legal awareness among the public
Corruption and inefficiency in some lower courts
Complexity of overlapping Islamic and statutory laws