By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL … Continue reading Sharī‘a and Surrogacy in Pakistan
Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan
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
Islamic Judicial Review in Practice (3): Sharia and State Law
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
Islamic Judicial Review in Practice (2): Strategic Islamization of Laws
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
The Impact of Islamic Judicial Review in Pakistan
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
Islamic Constitutionalism in Pakistan: Is it Theocratic?
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?
Islamic Constitutionalism in Pakistan: Does it Matter?
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?
Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan
In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was asked … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan
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)