ISLAMABAD, June 4: The Supreme Court was approached on Wednesday with a request that NWFP assembly should be restrained from passing any law in the name of Islam, as it is not competent to enact any law which was in derogation of the Constitution.

The petitioner Dr Aslam Khaki, in his constitutional petition filed under Article 184 (3) of the Constitution, contended that the Islamization of the laws were the matters which were within the legislative competence of parliament and related to the federation. The Islamization or enforcement of Shariat were matters covered by Federal Legislative List, he contended.

He stated that Islamization of the laws was within the exclusive jurisdiction of Federal Shariat Court and there was no provision in the Constitution for the establishment of any parallel court or institution for the same purpose or any Provincial Shariat Court.

The petitioner, who has questioned the educational qualification of MMA legislators through another constitutional petition, said the MMA did not possess requisite bachelor qualification.

The petitioner claimed that NWFP ruling party members were neither educated nor developed enough to understand Islam and the contemporary issues of the modern world and have narrow view of the religion. “They belong to a particular school of thought and sect as they are trained in orthodox and outdated system of Madrasas.”

He asked the apex court to decide the following questions of public importance: i) has the provincial assembly authority or jurisdiction to adjudicate upon or declare any act or law to be repugnant to Islam, ii) is Islamization of the laws and enforcement of Islamic provisions not under the exclusive jurisdiction of federal government, iii) does any class of people or any institution not provided in the Constitution has the right to interpret the Shariat according to its own viewpoint. iv) whether the members of respondent provincial assembly are not under oath and obligation to discharge their duties in accordance with the Constitution.

The petitioner has impleaded speaker of the provincial assembly, NWFP governor, Federation of Pakistan through President of Pakistan and Chief Minister of NWFP as respondents.Ends.