The Role Of Islam In The Legal System Of Pakistan

Author : Martin Lau
Publisher : BRILL
ISBN 13 : 9004149279
Total Pages : 258 pages
Book Rating : 4.74/5 ( download)

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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.

Author : Martin Lau
Publisher : Martinus Nijhoff Publishers / Brill Academic Publi
ISBN 13 : 9781441690647
Total Pages : 259 pages
Book Rating : 4.46/5 ( download)

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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.

Author : Rubya Mehdi
Publisher : Routledge
ISBN 13 : 1134610890
Total Pages : 315 pages
Book Rating : 4.91/5 ( download)

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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.

Author : Tahir Wasti
Publisher : BRILL
ISBN 13 : 9047425723
Total Pages : 428 pages
Book Rating : 4.24/5 ( download)

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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 2009-02-28 with total page 428 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.

Author : Eugene Cotran
Publisher : BRILL
ISBN 13 : 9004635017
Total Pages : 612 pages
Book Rating : 4.12/5 ( download)

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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:

Author : Aslı Ü. Bâli
Publisher : Cambridge University Press
ISBN 13 : 9781107694545
Total Pages : 0 pages
Book Rating : 4.4X/5 ( download)

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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.

Author : Ihsan Yilmaz
Publisher : Routledge
ISBN 13 : 1351916246
Total Pages : 285 pages
Book Rating : 4.40/5 ( download)

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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 2016-12-05 with total page 285 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.

Author : Rubya Mehdi
Publisher : Routledge
ISBN 13 : 9780700702367
Total Pages : 0 pages
Book Rating : 4.69/5 ( download)

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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.

Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 052176890X
Total Pages : 531 pages
Book Rating : 4.00/5 ( download)

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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.

Author : Niaz Shah
Publisher : BRILL
ISBN 13 : 9047410173
Total Pages : 273 pages
Book Rating : 4.71/5 ( download)

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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 2006-11-01 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.