‘The Islamic Law AND ITS INTRODUCTION IN PAKISTAN S. ABUL A'LA MAUDUDT TRANSLATED AND EDITED BY KHURSHID AHMAD ISLAMIC PUBLICATIONS LIMITED H. 0. : 13-8, SHAH ALAM MARKET, LAHORE (W. PAKISTAN) Branch : 16, BAITUL MUEARRAM (Ist. Floor) DACCA (E. FAX).CONTENTS CHAPTER i. aL, PREFACE THE ISLAMIC LAW () Law and Life Sources of the Istamic System of Life The Istamic Concept of Life (2) The Objectives and Characteristics of the Shari'ah Mo‘rufat Munkarat The Characteristics of the Shari'ak (3) Legal Aspects of the Shari'ah Major Branches of islamic Law Permanence and Change in Istamic Law (4) An Fxamination of Objections on Islamic Law Islamic Laws are Antiquated Islamic Laws are Relics of Barbarism The Bogey of Sectarian Differences The Problem of Noa-Muslim Minorities HOW TC INTRODUCE ISLAMIC LAW IN PAKISTAN {i) Gradual Change @) The Correct Procedure First Step Second Step Third Step £3) Constructive Work for the Enforcement of Istamic Law (A) The Academy of Law (B) The Codification of Law (C) Reform of Legal Education (D) Reform of Judicial System 14 1S - 416 - 17 se OZ ve 2B + 26 we wee FI a BS + 36 39 = 42 51 we SB « 53 we 54 se 63CHAPTER I THE ISLAMIC LAW _. It isan irony of fate that, now-a-days, the demand for the enforcement of Islamic Law has come to be surrounded by such a thick mist of misgivings that a mere reference to it, even in a Muslim country like ‘Pakistan, raises a storm of criticism, Thus, for inst- cance, the questions are asked: Can a centuries-old legal ‘system Ge adequate to fulfil the requirements of our modern state and society ? Is it not absurd to think sthat the laws which had been framed under certain particular circumstances in bygone days, can hold -good in every age and every clime 7 Do you seriously _ ‘propose to start chopping off the hands of thieves, cand flogging human beings in this modern, enlightened cage ? Will our markets again abound in slaves and deai inthe sale and purchase of human beings as chattels cand play-things ? Which particular sect’s legal system is going to be mtroduced here 7 What about the non- Muslim minorities who will never tolerate the démin- -ance of the Muslim religious law and-will resist it with call the force at their command? One has to face. a volley of such questions while discussing the problem, and, strangely enough, not from non-Muslims ‘but from sthe Muslim educated elite ! To be sure, these questions ace not the outcome of ‘any antagonism towatds Islam but mostly of sheer ignorance which must quite naturally breed suspicion. And, to our utter misfortune, ignorance abounds in our