Author: Martin Lau
Publisher: BRILL
ISBN: 9004149279
Category : Law
Languages : en
Pages : 258
Book Description
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.
The Role of Islam in the Legal System of Pakistan
Author: Martin Lau
Publisher: BRILL
ISBN: 9004149279
Category : Law
Languages : en
Pages : 258
Book Description
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.
Publisher: BRILL
ISBN: 9004149279
Category : Law
Languages : en
Pages : 258
Book Description
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.
The Islamization of the Law in Pakistan (RLE Politics of Islam)
Author: Rubya Mehdi
Publisher: Routledge
ISBN: 1134610890
Category : Reference
Languages : en
Pages : 315
Book Description
This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
Publisher: Routledge
ISBN: 1134610890
Category : Reference
Languages : en
Pages : 315
Book Description
This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
Emergency Powers in Asia
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 052176890X
Category : Law
Languages : en
Pages : 531
Book Description
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Publisher: Cambridge University Press
ISBN: 052176890X
Category : Law
Languages : en
Pages : 531
Book Description
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
The Application of Islamic Criminal Law in Pakistan
Author: Tahir Wasti
Publisher: BRILL
ISBN: 9004172254
Category : Religion
Languages : en
Pages : 429
Book Description
No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
Publisher: BRILL
ISBN: 9004172254
Category : Religion
Languages : en
Pages : 429
Book Description
No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Author: Rainer Grote
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755
Book Description
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.
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755
Book Description
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.
The Concept of State and Law in Islam
Author: Farooq Hassan
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 328
Book Description
A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 328
Book Description
A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
Research Handbook on Islamic Law and Society
Author: Nadirsyah Hosen
Publisher: Edward Elgar Publishing
ISBN: 1781003068
Category : Law
Languages : en
Pages : 487
Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Publisher: Edward Elgar Publishing
ISBN: 1781003068
Category : Law
Languages : en
Pages : 487
Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Legal Pluralism in Muslim Contexts
Author: Norbert Oberauer
Publisher: BRILL
ISBN: 9004398260
Category : Law
Languages : en
Pages : 268
Book Description
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Publisher: BRILL
ISBN: 9004398260
Category : Law
Languages : en
Pages : 268
Book Description
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
Book Description
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.
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
Book Description
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.
Islam in Pakistan
Author: Muhammad Qasim Zaman
Publisher: Princeton University Press
ISBN: 069121073X
Category : History
Languages : en
Pages : 424
Book Description
The first book to explore the modern history of Islam in South Asia The first modern state to be founded in the name of Islam, Pakistan was the largest Muslim country in the world at the time of its establishment in 1947. Today it is the second-most populous, after Indonesia. Islam in Pakistan is the first comprehensive book to explore Islam's evolution in this region over the past century and a half, from the British colonial era to the present day. Muhammad Qasim Zaman presents a rich historical account of this major Muslim nation, insights into the rise and gradual decline of Islamic modernist thought in the South Asian region, and an understanding of how Islam has fared in the contemporary world. Much attention has been given to Pakistan's role in sustaining the Afghan struggle against the Soviet occupation in the 1980s, in the growth of the Taliban in the 1990s, and in the War on Terror after 9/11. But as Zaman shows, the nation's significance in matters relating to Islam has much deeper roots. Since the late nineteenth century, South Asia has witnessed important initiatives toward rethinking core Islamic texts and traditions in the interest of their compatibility with the imperatives of modern life. Traditionalist scholars and their institutions, too, have had a prominent presence in the region, as have Islamism and Sufism. Pakistan did not merely inherit these and other aspects of Islam. Rather, it has been and remains a site of intense contestation over Islam's public place, meaning, and interpretation. Examining how facets of Islam have been pivotal in Pakistani history, Islam in Pakistan offers sweeping perspectives on what constitutes an Islamic state.
Publisher: Princeton University Press
ISBN: 069121073X
Category : History
Languages : en
Pages : 424
Book Description
The first book to explore the modern history of Islam in South Asia The first modern state to be founded in the name of Islam, Pakistan was the largest Muslim country in the world at the time of its establishment in 1947. Today it is the second-most populous, after Indonesia. Islam in Pakistan is the first comprehensive book to explore Islam's evolution in this region over the past century and a half, from the British colonial era to the present day. Muhammad Qasim Zaman presents a rich historical account of this major Muslim nation, insights into the rise and gradual decline of Islamic modernist thought in the South Asian region, and an understanding of how Islam has fared in the contemporary world. Much attention has been given to Pakistan's role in sustaining the Afghan struggle against the Soviet occupation in the 1980s, in the growth of the Taliban in the 1990s, and in the War on Terror after 9/11. But as Zaman shows, the nation's significance in matters relating to Islam has much deeper roots. Since the late nineteenth century, South Asia has witnessed important initiatives toward rethinking core Islamic texts and traditions in the interest of their compatibility with the imperatives of modern life. Traditionalist scholars and their institutions, too, have had a prominent presence in the region, as have Islamism and Sufism. Pakistan did not merely inherit these and other aspects of Islam. Rather, it has been and remains a site of intense contestation over Islam's public place, meaning, and interpretation. Examining how facets of Islam have been pivotal in Pakistani history, Islam in Pakistan offers sweeping perspectives on what constitutes an Islamic state.