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.
"I believe this book is a valuable resource." - Christopher C. Faille, THE FEDERAL LAWYER
Preface. Acknowledgements. 1. Theoretical Framework: Islamization and an Inconsistent and Unstable Legal System in a Peripheral Capitalist State 1.1 Introduction 1.2 Pre-British Muslim Rule in India 1.3 Anglo-Muhammadan Law 1.4 The Structure of the Pakistani State 1.5 Law and Ideology in Pakistan 1.6 Islamic Revivalism in Pakistan 1.7 The Islamization of the Law in Pakistan: Instability and Inconsistency and Other General Features 1.8 Islamization of the Law and Anglo-Muhammadan Law 1.9 Legal Pluralism 1.10 Social Reforms Through Law 1.11 Development of Islamic Law in Pakistan 1.12 Conclusion 2. Islamic Provisions in the Constitutions of Pakistan 2.1 Introduction 2.2 The Objectives Resolution 2.3 The Constitution of 1956 and its Islamic Provisions 2.4 The Constitution of 1962 and its Islamic Provisions 2.5 Islamic Provisions in the Constitution of 1973 2.6 Revival of the Constitution Order, 1985 and Islamic Provisions 2.7 Conclusion 3. Criminal Law 3.1 Introduction 3.2 Offences against Property (Enforcement of Hudood) Ordinance, VI, of 1979 3.3 Offence of Zina (Enforcement of Hudood) Ordinance, 1979 3.4 Offence of Qazf (Enforcement of Hadd) Ordinance, VIII, of 1979 3.5 The Prohibition (Enforcement of Hadd) Order, 1979 3.6 The Execution of the Punishment of Whipping Ordinance, 1979 3.7 Law of Evidence 3.8 Amendment to the Pakistan Penal Code (XLV of 1860) for Derogatory Remarks Against the Prophet of Islam, His Family and Quran 3.9 Draft Ordinance Relating to the Law of Qisas and Diyat 3.10 Conclusion 4. Family Law 4.1 Introduction 4.2 Registration of Marriage 4.3 Polygamy 4.4 Divorce 4.5 Women’s Rights of Divorce in Pakistan 4.6 Maintenance 4.7 Dower (mahr) 4.8 Inheritance 4.9 Arranged Marriage / Child Marriage 4.10 Dowry 4.11 Failure of the Muslim Family Laws Ordinance, 1961 4.12 Challenges to the Muslim Family Laws Ordinance, 1961 4.13 Conclusion 5. The Procedure Used in the Islamization of the Law 5.1 Introduction 5.2 Institutions for Islamization 5.3 Conclusion 6. Conclusion 7. Postscript. Notes. Works Cited. Glossary. Table of Abbreviations. Table of Cases. Appendix 1. Survey Conducted Among Lawyers. Appendix 2. Text of Qisas and Diyat Ordinance, 1990; Criminal Law (Second Amendment) Ordinance, 1990. Appendix 3. Text of Enforcement of Shari’ah Act, 1991