Law of Competition in Pakistan: Islamic Legal Perspectives

Abstract

This study examines the intersection between Islamic jurisprudence and competition law in Pakistan, analyzing how religious principles influence and interact with modern market regulations. Through qualitative analysis of legal frameworks, religious texts, and judicial precedents, the research explores the compatibility between Islamic commercial principles and contemporary competition law. The study reveals significant parallels between Islamic prohibitions on monopolistic practices (Ihtikar) and current anti-competition regulations, while identifying areas where religious and secular approaches diverge. The research demonstrates that Islamic principles of fair trade, market transparency, and ethical commerce align with many objectives of Pakistan's Competition Act 2010, though implementation challenges persist. The findings suggest that incorporating Islamic legal principles could enhance the legitimacy and effectiveness of competition law enforcement in Pakistan. However, the study also identifies structural, institutional, and ideological challenges in harmonizing these legal traditions. The research contributes to the growing discourse on legal pluralism in Muslim-majority countries and offers practical recommendations for integrating religious and secular legal frameworks in market regulation.