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 The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by Martinus Nijhoff Publishers / Brill Academic Publi. This book was released on 2014-05-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the judiciary in the Islamisation of Pakistan's legal system has not received much attention by legal scholars. This book aims to fill this gap. Starting in 1947, it 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. The first part examines the emergence of Islamic arguments in the period up to 1977 when General Zia ul Haq embark.
Download or read book The Islamization of the Law in Pakistan RLE Politics of Islam written by Rubya Mehdi and published by Routledge. This book was released on 2013-06-03 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
Download or read book The Application of Islamic Criminal Law in Pakistan written by Tahir Wasti and published by BRILL. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
Download or read book Democracy the Rule of Law and Islam written by Eugene Cotran and published by BRILL. This book was released on 2023-10-16 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Islamization of the Law in Pakistan written by Rubya Mehdi and published by Routledge. This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a policy of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book.
Download or read book Women the Koran and International Human Rights Law written by Niaz Shah and published by BRILL. This book was released on 2006-09-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Download or read book Constitution Writing Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Download or read book Emergency Powers in Asia written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2010 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Download or read book Outlines of Muslim Personal Law written by Imran Ahsan Khan Nyazee and published by Createspace Independent Publishing Platform. This book was released on 2016-12-27 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This small book is exactly what the title says it is: an outline. It is meant as a convenient handbook for the student. A more detailed ``code'' is being written to meet the needs of lawyers and researchers, and will hopefully be published soon. The purpose of this small book is to lay down the traditional law of Islam first, especially the law of the Hanafi school, and then to identify the points on which this law has been altered by statute or by case law. The purpose is not to identify the law first and then to fill the gaps with traditional law, which is what is done for the common law. On a few occasions, this outline differs from the position taken by other publications, especially Mulla's Code. The reason is that the position taken by such works, in these cases, is not in conformity with the traditional Islamic law. The differences have been indicated along with the position stated in such codes. Nevertheless, these occasions are not too many and the reader will not feel that there is a major departure from the earlier literature in the field. The outline also indicates those points where a decision taken by the learned courts is totally contrary to the rulings of traditional law. Reasons for disagreement have been indicated very briefly as a small outline cannot be burdened with detailed discussions. Despite its concise nature, the book has been quoted by some courts, including the Supreme Court of Pakistan.
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Download or read book Constitutionalism in Islamic Countries Between Upheaval and Continuity written by Tilmann Röder (J.) and published by Oxford University Press. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Download or read book Muslim Laws Politics and Society in Modern Nation States written by Ihsan Yilmaz and published by Routledge. This book was released on 2016-10-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
Download or read book Islamic Criminal Law and Procedure written by Matthew Lippman and published by Praeger. This book was released on 1988-08-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The origins of islamic law
Download or read book The Law Applied written by Peri Bearman and published by I.B. Tauris. This book was released on 2008-01-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responses (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, "The Law Applied" offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.
Download or read book Islam and Sectarian Violence in Pakistan written by Eamon Murphy and published by Routledge. This book was released on 2018-10-23 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the growth of sectarian-based terrorist violence in Pakistan, one of the Muslim majority states most affected by sectarian violence, ever since it was established in 1947. Sectarian violence among Muslims has emerged as a major global security problem in recent years. The author argues that the upsurge in sectarian violence in Pakistan, particularly since the late 1970s, has had less to do with theological differences between the various sects of Islam, but is a consequence of the specific political, social, economic, demographic and cultural changes that have taken place in Pakistan since it was established as an independent state. A major theme of the book is the increasing violence, extent and expressions of sectarian conflict which have emerged as new forms of sectarian terrorism. The volume provides an in-depth empirical case study which addresses some major theoretical questions raised by Critical Terrorism Studies researchers in respect of the links between religion and sectarian terrorism in Pakistan and more widely. This book will be of much interest to students of critical terrorism studies, Asian politics and history, religious studies and International Relations in general.
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
