By Zubair Abbasi Ever since Pakistan’s creation as an independent state in 1947, Islam has continued to permeate its constitutional and legal system. From the confines of the personal law … Continue reading Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan
By Zubair Abbasi The enthusiasm of the Shariat Benches to judicially Islamize laws is best reflected in the judgment of the Shariat Bench of the Peshawar High Court in Mst. … Continue reading Islamic Judicial Review in Practice (3): Sharia and State Law
By Zubair Abbasi The most significant impact of Islamic judicial review is the incorporation of qiṣāṣ and dīyah in the legal system of Pakistan. During the colonial period, the British … Continue reading Islamic Judicial Review in Practice (2): Strategic Islamization of Laws
By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws
By Zubair Abbasi Since its beginning in 1979, Islamic judicial review was unlikely to cause major constitutional and legal changes because of its inherent design to maintain the status quo. … Continue reading The Impact of Islamic Judicial Review in Pakistan
By Zubair Abbasi Despite assigning a significant role to Islam, the Pakistani constitutional model does not propose a theocratic order. Rather, the theocratic tendencies resulting from the substantial role of … Continue reading Islamic Constitutionalism in Pakistan: Is it Theocratic?
Pakistan came into being through a constitutionally governed election when Muslims in British India voted for an independent state that comprised the Muslim-majority parts of India. It had two wings: … Continue reading Islamic Constitutionalism in Pakistan: Does it Matter?
That marriage creates certain rights and obligations goes without saying. The legal definition of marriage, however, remains contentious, especially in multicultural, religiously diverse and legally pluralistic states and societies where … Continue reading Marriage as Children’s Play: Unregistered Islamic Marriages under English Law
India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women
Editor Zubair Abbasi comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about … Continue reading Reasserting the Authority of State: Comment on Asia Bibi v The State