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Author: Osama Siddique
Publisher: Cambridge University Press
ISBN: 1107038154
Category : Law
Languages : en
Pages : 489
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Book Description
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author: Osama Siddique
Publisher: Cambridge University Press
ISBN: 1107038154
Category : Law
Languages : en
Pages : 489
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Book Description
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author: Osama Siddique
Publisher: Cambridge University Press
ISBN: 1107245214
Category : Law
Languages : en
Pages : 489
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Book Description
Law reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's postcolonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies, it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club'.
Author: Isabel Buchanan
Publisher: Random House
ISBN: 1473520339
Category : Political Science
Languages : en
Pages : 226
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Book Description
Winner of the Saltire Society First Book Award 2016 An Economist Book of the Year 2016 A Spectator Book of the Year 2016 In 2011, Isabel Buchanan, a twenty-three-year-old Scottish lawyer, moved to Pakistan to work in a new legal chambers in Lahore. The chambers was run by a determined thirty-three-year-old Pakistani lawyer, Sarah Belal, who had finally found her calling in defending inmates on Pakistan’s death row. Belal and Buchanan struck up an unlikely friendship, forged through working in a system that was instinctively hostile to newcomers – and doubly so if they were female. At Sarah’s side, and with the help of Nasar, the firm’s legendary clerk, Buchanan plunged into the strange and complex world of Pakistan’s justice system. The work was arduous, underfunded, and dangerous. But for a young Scottish lawyer like Buchanan it was an unparalleled education, offering a window onto a much-misunderstood country and culture. Filled with beautifully drawn characters, she creates a narrative brimming with ideas and bursting with humanity. It is a story of Pakistan, but it is also a universal story of the pursuit of justice in an uncertain world.
Author: Muhammad Azeem
Publisher: Springer
ISBN: 9811038457
Category : Law
Languages : en
Pages : 289
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Book Description
Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
Author: Shemeem Burney Abbas
Publisher: University of Texas Press
ISBN: 0292753071
Category : Law
Languages : en
Pages : 301
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Book Description
Under the guise of Islamic law, the prophet Muhammad’s Islam, and the Qur’an, states such as Pakistan, Afghanistan, Egypt, Saudi Arabia, and Bangladesh are using blasphemy laws to suppress freedom of speech. Yet the Prophet never tried or executed anyone for blasphemy, nor does the Qur’an authorize the practice. Asserting that blasphemy laws are neither Islamic nor Qur‘anic, Shemeem Burney Abbas traces the evolution of these laws from the Islamic empires that followed the death of the Prophet Muhammad to the present-day Taliban. Her pathfinding study on the shari’a and gender demonstrates that Pakistan’s blasphemy laws are the inventions of a military state that manipulates discourse in the name of Islam to exclude minorities, women, free thinkers, and even children from the rights of citizenship. Abbas herself was persecuted under Pakistan’s blasphemy laws, so she writes from both personal experience and years of scholarly study. Her analysis exposes the questionable motives behind Pakistan’s blasphemy laws, which were resurrected during General Zia-ul-Haq’s regime of 1977–1988—motives that encompassed gaining geopolitical control of the region, including Afghanistan, in order to weaken the Soviet Union. Abbas argues that these laws created a state-sponsored “infidel” ideology that now affects global security as militant groups such as the Taliban justify violence against all “infidels” who do not subscribe to their interpretation of Islam. She builds a strong case for the suspension of Pakistan’s blasphemy laws and for a return to the Prophet’s peaceful vision of social justice.
Author: Sikander Ahmed Shah
Publisher: Routledge
ISBN: 1134074271
Category : Law
Languages : en
Pages : 258
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Book Description
While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.
Author: Khurshid Iqbal
Publisher: Routledge
ISBN: 1134019998
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
This book explores the right to development in international law. The volume draws on a range of relevant sources to analyze the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan.
Author: Niaz A. Shah
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152377
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Declan Walsh
Publisher: W. W. Norton & Company
ISBN: 0393249921
Category : Political Science
Languages : en
Pages : 301
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Book Description
Winner of the 2021 Overseas Press Club of America Cornelius Ryan Award The former New York Times Pakistan bureau chief paints an arresting, up-close portrait of a fractured country. Declan Walsh is one of the New York Times’s most distinguished international correspondents. His electrifying portrait of Pakistan over a tumultuous decade captures the sweep of this strange, wondrous, and benighted country through the dramatic lives of nine fascinating individuals. On assignment as the country careened between crises, Walsh traveled from the raucous port of Karachi to the salons of Lahore, and from Baluchistan to the mountains of Waziristan. He met a diverse cast of extraordinary Pakistanis—a chieftain readying for war at his desert fort, a retired spy skulking through the borderlands, and a crusading lawyer risking death for her beliefs, among others. Through these “nine lives” he describes a country on the brink—a place of creeping extremism and political chaos, but also personal bravery and dogged idealism that defy easy stereotypes. Unbeknownst to Walsh, however, an intelligence agent was tracking him. Written in the aftermath of Walsh’s abrupt deportation, The Nine Lives of Pakistan concludes with an astonishing encounter with that agent, and his revelations about Pakistan’s powerful security state. Intimate and complex, attuned to the centrifugal forces of history, identity, and faith, The Nine Lives of Pakistan offers an unflinching account of life in a precarious, vital country.
Author: Dr. Muhammad Munir
Publisher: Oxford University Press, USA
ISBN: 9780199068241
Category : Law
Languages : en
Pages : 0
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Book Description
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.
