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
Islamic Judicial Review in Practice (1): Decolonization through 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
Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory
By Cem Tecimer Abstract: Joseph Lowry argues that, much like other legal systems, Islamic legal systems, since their formative periods, grappled with the question of how to reconcile competing jurisprudential … Continue reading Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory
Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)
By Zainab Samantash Introduction/Summary: This Ordinance was introduced and was part of the then President, General Zia-ul-Haqś Islamization campaign, which aimed to bring the law into conformity with Islamic injunctions. … Continue reading Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)
Apostasy and Blasphemy in Islamic Law
By Jiou Park This post will provide a survey of pre-modern Islamic law regarding apostasy (ridda), blasphemy, and the related concept of unbelief (kufr). The exploration of such concepts will … Continue reading Apostasy and Blasphemy in Islamic Law
Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
By Nimra Azmi In March 2015, the Pakistani Senate unanimously passed the Anti-Rape Laws Bill of 2014. (While the Anti-Rape Laws Bill has passed in the upper house, it is … Continue reading Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case
By Nimra Azmi In 1999, Pakistan passed an amendment to the 1997 Anti-Terrorism Act.[1] This Amendment listed gang rape, child molestation, and robbery coupled with rape as terrorist acts under … Continue reading A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case
The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge
By Nimra Azmi Pakistan’s 2006 Protection of Women Act (PWA) should have been a victory for progressive Pakistani forces, a definitive end to the 1979 Hudood Ordinances’ draconian reign over … Continue reading The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge
Rape & the Hudood Ordinance: A Lost Opportunity
By Nimra Azmi From 1979 until 2006, the Zina Ordinance, a subsection of the Hudood Ordinances, governed rape under Pakistani law.[1] The Hudood Ordinances were implemented during the rule of … Continue reading Rape & the Hudood Ordinance: A Lost Opportunity