Federal Shariat Court

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Religion, Human Rights and International Law

Author : Javaid Rehman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415826X
Total Pages : 593 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Religion, Human Rights and International Law by : Javaid Rehman

Download or read book Religion, Human Rights and International Law written by Javaid Rehman and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

The Role of Islam in the Legal System of Pakistan

Author : Martin Lau
Publisher : BRILL
ISBN 13 : 9004149279
Total Pages : 258 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Role of Islam in the Legal System of Pakistan by : Martin Lau

Download or read book The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by BRILL. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Heaven on Earth

Author : Sadakat Kadri
Publisher : Random House
ISBN 13 : 0099523272
Total Pages : 354 pages
Book Rating : 4.0/5 (995 download)

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Book Synopsis Heaven on Earth by : Sadakat Kadri

Download or read book Heaven on Earth written by Sadakat Kadri and published by Random House. This book was released on 2013 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Shari'a is the code of conduct in Islam, but what does it really mean? British-based civil rights lawyer Kadri explains how legal ideas gradually emerged in Islam, how shari'a is practiced in different countries today, and how in the last decades it has been appropriated by extremists to the detriment of everyone."--Library Journal.

Precedent in Pakistani Law

Author : Dr. Muhammad Munir
Publisher : Oxford University Press, USA
ISBN 13 : 9780199068241
Total Pages : 0 pages
Book Rating : 4.0/5 (682 download)

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Book Synopsis Precedent in Pakistani Law by : Dr. Muhammad Munir

Download or read book Precedent in Pakistani Law written by Dr. Muhammad Munir and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.

Women, the Koran and International Human Rights Law

Author : Niaz A. Shah
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152377
Total Pages : 274 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Women, the Koran and International Human Rights Law by : Niaz A. Shah

Download or read book Women, the Koran and International Human Rights Law written by Niaz A. Shah and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Geo-Legal Approach to the English Sharia Courts

Author : Anna Marotta
Publisher : BRILL
ISBN 13 : 9004473092
Total Pages : 317 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta

Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Family Laws in Pakistan

Author : Muhammad Zubair Abbasi
Publisher :
ISBN 13 : 9780199408689
Total Pages : 564 pages
Book Rating : 4.4/5 (86 download)

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Book Synopsis Family Laws in Pakistan by : Muhammad Zubair Abbasi

Download or read book Family Laws in Pakistan written by Muhammad Zubair Abbasi and published by . This book was released on 2018 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the latest and updated account of the principles and practices of family laws in Pakistan. It is primarily based on the latest case law and statutes. The authors not only present systemically organised case law but also critically evaluate the leading judicial precedents.Various chapters of the book cover general principles of family law, demonstrate their application based on the facts of each case, trace patterns of developments in case law, rationalise conflicting judicial authorities, and propose law reform, wherever required. This is the first book that takesinto account personal laws of non-Muslims in Pakistan and covers the important issue of the conflict of personal laws.

Modern Challenges to Islamic Law

Author : Shaheen Sardar Ali
Publisher : Cambridge University Press
ISBN 13 : 1107033381
Total Pages : 329 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Modern Challenges to Islamic Law by : Shaheen Sardar Ali

Download or read book Modern Challenges to Islamic Law written by Shaheen Sardar Ali and published by Cambridge University Press. This book was released on 2016-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Islamic Legal Interpretation

Author : Muhammad Khalid Masud
Publisher : Oxford University Press, USA
ISBN 13 : 9780195979114
Total Pages : 450 pages
Book Rating : 4.9/5 (791 download)

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Book Synopsis Islamic Legal Interpretation by : Muhammad Khalid Masud

Download or read book Islamic Legal Interpretation written by Muhammad Khalid Masud and published by Oxford University Press, USA. This book was released on 2005 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Rainer Grote
Publisher : Oxford University Press, USA
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutionalism in Islamic Countries: Between Upheaval and Continuity by : Rainer Grote

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.

Developments in Islamic Banking

Author : M. Khan
Publisher : Springer
ISBN 13 : 0230582303
Total Pages : 290 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Developments in Islamic Banking by : M. Khan

Download or read book Developments in Islamic Banking written by M. Khan and published by Springer. This book was released on 2008-07-11 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical and practical features of Islamic banking. Using Pakistan as a detailed illustration, the text discusses recent developments and future prospects, demonstrating the model underpinning interest-free banking. It assesses the practical success of interest-free banking at both individual banks and state level.

The Dispensation of Justice in Pakistan

Author : Mohammad Yasin (Brig.)
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Dispensation of Justice in Pakistan by : Mohammad Yasin (Brig.)

Download or read book The Dispensation of Justice in Pakistan written by Mohammad Yasin (Brig.) and published by . This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides useful information on the role of the judiciary in society and its performance in Pakistan. It provides suggestions, measures and remedies to improve the present system of justice.

Shariʿa, Justice and Legal Order

Author : Rudolph Peters
Publisher : BRILL
ISBN 13 : 9004420622
Total Pages : 726 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Shariʿa, Justice and Legal Order by : Rudolph Peters

Download or read book Shariʿa, Justice and Legal Order written by Rudolph Peters and published by BRILL. This book was released on 2020-08-03 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.

The Beginnings of Islamic Law

Author : Lena Salaymeh
Publisher : Cambridge University Press
ISBN 13 : 1107133025
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh

Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Islamic Family Law

Author : Chibli Mallat
Publisher : BRILL
ISBN 13 : 9781853333019
Total Pages : 418 pages
Book Rating : 4.3/5 (33 download)

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Book Synopsis Islamic Family Law by : Chibli Mallat

Download or read book Islamic Family Law written by Chibli Mallat and published by BRILL. This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

An Introduction to Islamic Law

Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq

Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.