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. Farishta v Federation of Pakistan.[1] In this judgment, the Shariat Bench reviewed the Muslim Family Laws Ordinance 1961 (MFLO). Pakistan’s first military ruler, Ayub Khan … 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 replaced Islamic criminal law with the Indian Penal Code 1860. There are two important components of Islamic criminal law: ḥudūd and qiṣāṣ. Ḥudūd are fixed … 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 Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

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: East Pakistan (currently Bangladesh) and West Pakistan, geographically separated by more than a thousand kilometers. Since Islam was the only common link between the two … Continue reading Islamic Constitutionalism in Pakistan: Does it Matter?

COVID-19 and Islamic Law Roundup

Image representing a virus Image credit: Wikimedia Commons

We've compiled a list of news sources that show how countries and communities are using Islamic law to respond to COVID-19 (coronavirus).

Islam and Data Science Roundup

Facebook selected Junaid Qadir, Professor at the Information Technology University of Punjab and Amana Raquib, Assistant Professor at the Institute of Business Administration, Karachi as winners of Facebook’s Ethics in AI Research Initiative for the Asia Pacific. This initiative aims to foster groundbreaking academic research in the field of AI ethics. Qadir, the Principal Investigator (PI) of the project stated “‘In … Continue reading Islam and Data Science Roundup

Talāq, Sex Equality, and Due Process

By Limeng Sun 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 Lab. Case Summary: The Maryland Court of Appeals, the state’s highest court, in a case of first impression, held that the enforcement of a talāq … Continue reading Talāq, Sex Equality, and Due Process