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The Role of Islam in the Legal System of Pakistan

Author: Martin Lau

The role of the judiciary in the Islamisation of Pakistan’s legal


system has not received much attention by legal scholars. This
book aims to ll this gap. Starting in 1947, it 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 o fers a
new perspective on the Islamisation of Pakistan’s legal system in
which Islam emerges as more than just a challenge to Western Published: 01 Dec 2005
conceptions of human rights. Pages: viii, 250 pp.
The rst part examines the emergence of Islamic arguments in the Language: English
period up to 1977 when General Zia ul Haq embarked on an Subjects: Middle East and
ambitious project to turn Pakistan into a truly Islamic state. In Islamic Studies, Islamic Law,
these early years of Pakistan judges increasingly turned to Islam as Human Rights and Humanitarian
a source of law to preserve judicial independence and to protect Law, Human Rights
the country’s faltering democracy. The second part examines in
Publisher: Brill | Nijho f
detail the features and e fects of Zia’s Islamisation programme
especially the workings of the newly created Federal Shariat Court. Series:
The third part reviews the legal developments in the post-Zia London-Leiden Series on Law,
period when the judicial gates of Islamization which were rst Administration and
wide opened, have gradually been closed by a series of landmark Development, Volume: 9
decisions.
What emerges from this analysis is an image of Islam as a source of E-Book
law which is rich, complex and varied. Depending on the judge and ISBN: 978-90-47-41717-0
the court, Islam was applied to varying e fects ranging from liberal List price

to extremely conservative attitudes. However, they share a EUR €174.00 / USD $216.00

common feature, namely that the role of Islam in the legal system Hardback
of Pakistan is to a large degree determined by its higher judiciary. ISBN: 978-90-04-14927-4
List price
EUR €174.00 / USD $216.00
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