Download or read book An Analysis of the Application of Traditional Islamic Law of Inheritance in Pakistani Courts written by Shahbaz Ahmad Cheema and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper will showcase some selected cases decided by the superior courts including Supreme Court of Pakistan and different High Courts constituted at various provinces with reference to application of the traditional Islamic law of inheritance in Pakistan. During the course of analysis, the paper will explore how and to what extent the traditional Sunni and Shia laws on inheritance are observed by the courts. There are two distinct trends, which are in reality two sides of the same coin, visible in this regard; firstly, the traditional Sunni and Shia laws are observed to the maximum extent particularly in those areas where there are no enacted law, and secondly, with respect to that issue where the legislature has assumed the authority to modify the traditional law of inheritance, the courts follow the enacted law despite latter's inconsistency with the former.
Download or read book Islamic Law of Inheritance written by Hamid Khan and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original sources, this book includes the historical and theological bases of the of the Islamic law of succession developed by the Muslim schools of jurisprudence. The author makes a comparative study between theSunni and Shia laws of inheritance and focuses on problems being faced by Muslims due to the strict application of traditional Islamic law in their contemporary situations. This book is an essential component of the course on'Muslim Personal Law' for LLB students and the course on 'Islamic Law' for LLM students.
Download or read book The Share of Orphaned Grandchildren Under Islamic Law and Pakistani Legal System written by Muhammad Munir and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of the share of a grandchild under section 4 of the Muslim Family Laws Ordinance 1961 has been hotly debated since its inception. The article ignites the old debate mainly to re-evaluate the arguments of its (non) Islamicity according to orthodox Islamic law as well as the Federal Shariat Court and to critically analyse the (mis)interpretations of this section by the different High Courts and the Supreme Court of Pakistan over the past several decades. The major findings are that the vast majority of Muslim, as well as some non-Muslim scholars, consider representational succession as a re-writing of the Islamic law of inheritance; that interpretation of section 4 by the superior courts in Pakistan amounts to the situation as if the Ordinance had not been enacted; that experts in this field prefer 'obligatory bequest' over representational succession but the option of bequest has too many hidden problems. By arguing that obligatory bequest is not a good alternative to representational succession, the article recommends that the state should fulfil its responsibility of taking care of orphaned grandchildren in the society and such a sensitive responsibility should not be shifted to individuals through legislative or judicial manoeuvring.
Download or read book Reinventing the Islamic Law of Inheritance written by Muhammad Munir and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of the share of grandchild in section 4 of the Muslim Family Law Ordinance 1961 in Pakistan has sparked the hottest debate in the law of inheritance. This work discusses this controversial issue to find out, first, the background of this thorny issue; secondly, to evaluate the arguments of the supporters and opponents of representational succession; thirdly, to check the Islamicity of section 4; fourthly, to analysis how is this section interpreted by the higher Courts in Pakistan; finally, this work looks at the possible alternative to section 4 or representation for the grandchildren. The vast majority of scholars consider it as a re-writing of the Islamic law of inheritance; that its interpretation by the superior courts in Pakistan amounts to its non-existence; that experts of this field prefer 'obligatory bequest' over representational succession to provide help to the orphaned grandchildren.
Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Download or read book Land Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Download or read book Outlines of Muhammadan Law written by Asaf Ali Asghar forme avant 2007 Fyzee and published by . This book was released on 1981 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Geo Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Download or read book Modern Challenges to Islamic Law written by Shaheen Sardar Ali and published by Cambridge University Press. This book was released on 2016-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Download or read book The Aga Khan Case written by Teena Purohit and published by Harvard University Press. This book was released on 2012-10-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe. The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan. In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Download or read book The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by BRILL. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.
Download or read book Social Protection in Asia written by Sarah Cook and published by Har-Anand Publications. This book was released on 2003 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book Presents An Overview Of Issues Related To Social Protection In Asia And Argues That The Provision Of Social Protection Should Be Seen As A Core Issue Of Development That Needs Urgent Action By Governments, Society And The Organizations And Advocacy Groups Of The Poor.
Download or read book Principles of Mahomedan Law written by Dinshah Fardunji Mulla and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Download or read book A Field of One s Own written by Bina Agarwal and published by Cambridge University Press. This book was released on 1994 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of gender and property throughout South Asia which argues that the most important economic factor affecting women is the gender gap in command over property.
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
