IMPLEMENTATION OF ISLAMIC LAW (SHARI’AH) IN MUSLIM MAJORITYCOUNTRIES – CASE STUDY OF PAKISTAN, IRAN AND MALAYSIA

Abstract

The implementation of Islamic law (Shari’ah) in contemporary Muslim-majority states remains a significant legal,
political, and socio-religious issue. This study comparatively examines the experiences of Pakistan, Iran, and
Malaysia in institutionalizing Shari’ah within their constitutional and governance frameworks. Employing a
qualitative historical-analytical methodology, the research analyses constitutional provisions, legislative
measures, judicial structures, and policy initiatives undertaken in these three countries. The study finds that while
all three states formally recognize Islam and incorporate Sharīʿah principles into their legal systems, the extent
and effectiveness of implementation vary considerably. Pakistan has introduced numerous Islamization measures
but continues to face challenges arising from legal pluralism, sectarian diversity, constitutional complexities, and
economic constraints. Malaysia operates under a dual legal system in which Sharīʿah courts function alongside
civil courts, creating jurisdictional and constitutional tensions. In contrast, Iran has established a comprehensive
framework that integrates Sharīʿah into the state's constitutional and political structure through the doctrine of
Velayat-e-Faqih. The study concludes that the success and limitations of Shari’ah implementation are closely
linked to constitutional design, political commitment, legal coherence, and societal consensus. It recommends
legal harmonization, institutional strengthening, and context-sensitive reforms to enhance the effective
application of Islamic law in Muslim-majority societies