The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
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Description : 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.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
Format Available : PDF, ePub, Mobi
Total Read : 55
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Description : By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.


Islamic Law In Practice

Author by : Mashood A. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
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Description : Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Women The Koran And International Human Rights Law

Author by : Niaz Shah
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
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Description : 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.


The Islamization Of The Law In Pakistan Rle Politics Of Islam

Author by : Rubya Mehdi
Languange : en
Publisher by : Routledge
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Description : 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.


General Principles Of Criminal Law

Author by : Imran Ahsan Khan Nyazee
Languange : en
Publisher by : Lulu.com
Format Available : PDF, ePub, Mobi
Total Read : 97
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Description :


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Oxford University Press
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 237
File Size : 54,8 Mb
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Shari A Islamic Law Oxford Bibliographies Online Research Guide

Author by : Oxford University Press
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 691
File Size : 54,6 Mb
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Gender Justice In Islamic Law

Author by : Musa Usman Abubakar
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 876
File Size : 42,8 Mb
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Description : This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.


The Ashgate Research Companion To Islamic Law

Author by : Peri Bearman
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 60
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File Size : 52,9 Mb
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Description : This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.


Islamic Law

Author by : Ahmad Atif Ahmad
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
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Description : Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.


The Role Of Islam In The Legal System Of Pakistan

Author by : Martin Lau
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 72
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Description : 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.


Islamic Law And The Law Of Armed Conflict

Author by : Niaz A Shah
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 28
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Description : Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.


Islam And International Law

Author by :
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 46
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Description : Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.


Islamization Of Pakistan Law

Author by : Tanzil-ur-Rahman
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 67
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Description :


The Shari A And Islamic Criminal Justice In Time Of War And Peace

Author by : M. Cherif Bassiouni
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 76
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Description : Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.


Islamic Family Law

Author by : Chibli Mallat
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 66
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Description : Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.


Islamic Banking In Pakistan

Author by : Feisal Khan
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
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Description : Islamic Banking and Finance (IBF) has become a growing force over the past three decades, with Pakistan being one of the IBF pioneers by converting to an ‘interest-free’ banking system in 1985. However, since independence in 1947, there has been continual tension over Pakistan’s essential character, between Islamic Minimalists, who favour a Modernist interpretation of Islam, and those who favour an Islamic Maximalist interpretation that sees Pakistan as a model Islamic state. This book analyses the push to Islamize Pakistan and its financial system by Islamic revivalists, following the early 1947 debates in the original Constituent Assembly to the final 2002 ruling on IBF of the Shariat Appellate Bench of the Pakistan Supreme Court. It examines the practice and theory behind contemporary Islamic, "Shariah-compliant", banking. It offers extensive interviews with Pakistani Islamic bankers on the state of their industry and how they see it developing, and provides analysis on how the Islamic banks’ customers differ from those of conventional ones. Presenting a critical analysis of Pakistan’s IBF experience and offering a new insight into Pakistan’s banking industry that illustrates broader political and social trends in the country, this book will be of interest to specialists on Islam, South Asia and International Economics.


Crime And Punishment In Islamic Law

Author by : Rudolph Peters
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 54
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Description : Rudolph Peters' book, first published in 2006, is about crimes and their punishments as laid down in Islamic law. In recent years some of the more fundamentalist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of western criminal codes. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for comprehensive coverage of the topic.


Violence Law And Women S Rights In South Asia

Author by : Savitri Goonesekere
Languange : en
Publisher by : SAGE Publications India
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 999
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Description : This book, a collection of three essays, looks at the legal system's response to violence against women in South Asia. It is an overview of law and legal control in India, Pakistan and Sri Lanka. The studies show the commonalities and the differences in the three legal systems. All three countries have experienced British colonial rule and their criminal laws are derived from the British legal tradition. All three countries grappled with similar issues and problems in using law as a strategy to combat violence against women. All three faced the problem of reconciling ethnic and religious or customary legal values with international and constitutionally guaranteed rights to equality and protection from violence. In Pakistan, the official Islamisation process added new and complex dimensions to the issues of administration of criminal justice and enforcement of family law. Each study adopts a different approach in its analysis of legal control--focussed on what is considered relevant for their country. Thus, the study on Sri Lanka is a critical review of a range of legal norms and procedures, the one on India is a critique of the implementation of the justice system and the one on Pakistan focuses on the failure to protect women from violence and uses non-legal materials too in discussing legal controls. The studies in this volume clearly demonstrate that the legal system has failed to protect women against violence. There is, nevertheless, recognition of the fact that the law and effective law enforcement machineries can serve as serious deterrents to violence. The studies explore the possibility of reforming the legal systems and suggest that multi-ethnic and multi-religious societies of South Asia must accept the concept of drafting general codes that conform with international human rights norms and recognize the people's right to opt for them in the governance of family relations.


Islamic Criminal Laws

Author by : Tanzil-ur-Rahman
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 62
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Description :


Introduction Of Islamic Laws

Author by : Mohammad Zia-ul-Haq
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 61
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Description :


Islamic Reassertion In Pakistan

Author by : Anita M. Weiss
Languange : en
Publisher by : Syracuse University Press
Format Available : PDF, ePub, Mobi
Total Read : 79
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Description :


Sex Crime In The Islamic Context

Author by : Afiya Shehrbano Zia
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 35
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Description :


Crime Punishments In Pakistan

Author by : Waqas Ajwad
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 55
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Description : Whenever you are Visiting a Country, you should know about Laws of that Country. The local laws apply to you as a visitor and it is your responsibility to follow them.As a visitor to a foreign country, you should always respect the local laws and customs of the country you are visiting. Know about Laws so you can avoid getting into trouble, either with the law or by offending the locals.Be sensitive to local customs, traditions and practices as your behaviour may be seen as improper, hostile or even illegal.The Pakistan Penal Code is Law of Pakistan that contains 27 different offenses punishable by death, including blasphemy, rape, sexual intercourse outside of marriage, assault on the modesty of women, and smuggling of drugs. This Code draws its origin from the Indian Penal Code, after several amendments from different governments in Pakistan, the Code is now a mixture of Islamic and English law. This Code provides explanations, definition, and punishment for all type of offenses. Section 302 of the Code governs the punishment for murder.Section 376 states that if and when the act of rape is committed by two or more individuals with common intention like gang rapes the criminals should meet the fate of death or life imprisonment.Although in many countries insults or defamation of any religion such as Islam is not a crime, in Pakistan this is one of the biggest crimes one can commit. Blasphemy is deemed a crime not only under the Code but also under Islamic law.The Code address the penalty and offenses relating to religion under section 295B and C. Subsection B punishes any defamation made against the Holy Qur'an with life imprisonment. Whereas, punishment under subsection C is for any written or spoken words direct or indirect made to defile the 'sacred name of Prophet Muhammad' will be punished by death or life imprisonment.