{ch. 7] Islamic legal system 107 Chapter No.7 ISLAMIC LEGAL SYSTEM 7.1 Introduction Muslim law has divine origin and the authority to enact laws primarily belonged to God. Thus it is essentially religious. The word “Islam” means ‘peace and submission’, Muslim or Islamic Law is not an independent branch of knowledge or learning. This religion includes first of all a theology which establishes dogma and states exactly what a Muslim must believe, and it also includes the shar (or shria) which lays down rules of behaviours. The Shar or Sharia-literally ‘the way to follow’ - constitutes what can be called Muslim law. It specifies how the Muslim should conduct himself in accordance with his religion, without making any distinction in principle between duties towards others (civil obligations, aims - giving) and those towards God (prayers, fasting etc.). 7.2 The Fikh The Science of Muslim law, fikh (or figh) is generally divided into two major parts. One is the ‘roots’ (usul), the doctrine of sources. Which explains by what methodology or procedure and on what basis the body of rules making up the ‘shor’ or Divine Law was established. The other is the doctrine of the branches (furu), containing the systematic elaboration of the basic categories and rules of Muslim law. The fikh is a doctrinal system based on the authority of sources which are either revealed or of recognized infallibility. Muslim law, established according to a tenth century teaching, is immutable; Islam recognizes no authority as having the power to modify it. The rules of Muslim States cannot create law or legislature; they may only make administrative regulations within the limits defined by Muslim law. 7.2.1 The Taklid- Until the fourth century of the Hijra a great effort ([jtihad) was made to interpret the sources of Divine law and to state in detail the rules applicable to Muslims. In’fact, Muslim Law owes little to its scriptural sources; it is primarily based on doctrine that began to develop only after the establishment of the Abbasid Caliphate (750 AD), This view which says that Muslim law is neither a religious nor a canonical law may not be acceptable to the Muslims. However, the possibilities of law may not be acceptable to the Muslims. However, the possibilities of interpreting the sources gradually diminished until finally, in the 4th century of the Hijra, Scanned with CamScanner108 — Global Legal System and Constitutional Libretto in Pakistan [Ch. 7] the legitimacy of further research was denied. At this period in the general history of Islam, when political divisions occurred in the Previously united Muslim world, the door (bad-ul-Ijtihad) was finally shut on this effort. The development of Divine law was complete. It was thenceforth the duty of Muslims to observe the Taklid, this is, they were to “recognize the authority” of doctors of past generations: the personal interpretation of sources was forbidden. AS a result, the same works have been to teach Muslim law for Centuries. Even the most recent authors are adding nothing new to the system. The entire work of legal science consists wholly of expounding the recognized classics. The present day, anyone may collect, compose, clarify and explain solutions proposed by the great doctors of the past without changing or developing them min any way. The Muslim Divine Laws are based on revelation. In such circumstances, it is natural that they be unchangeable, and this immutability is equally respected by both the Sunni Community and the Shia Community although the latter do not theoretically recognize the Taklid’. 73 Quran “We have revealed this book and no doubt we are its protector” 2 Holy Quran is the book of God and contains the direct revelations from Almighty. As there are always two sorts of legislations ie. formulative and interpretative, the former contains the formation of new rules while the latter introduces new rules which are interpretations of already existing rules. Quran is the main formulative sources of Islamic law. Most of its verses containing law were revealed with reference to cases which arose during the lifetime of Holy Prophet (PBUH). ‘Quran is a book in volume which has been assembled in the form of texts of individual revelations brought down by the angel from God directly to Muhammad (PBUH) throughout the course of his prophetic career’. Moreover the Honourable Supreme Court has also laid down in its decision that what the primary sources of Islam are “The fundamental laws of Islam are contained in Quran and this is the primary source of law of Muslims. Next ‘Legal Systems in the World by Dr.S.R.Myneni published by Asia Law House, Hyderabad, India, pp — 257-258, Year 2010. 2 AtHijar: 9 Scanned with CamScannerIch. 7] Islamic legal system 109 comes the Sunnah of the Holy Prophet (PBHU) and thereafter in sequence is Ijtehad and Ijma.”* The regulations it conveys in the private, ritual, civil, penal or commercial spheres are the insignia of constitution , on whose basis at God’s direct command and under His personal day-to-day supervision, there was once historically constructed between AD 613-32 the ideal human society most pleasing to its divine legislator. The primary purpose of Quran is to lay down a way of life which regulates the relationship of man with man, and with God. Quran says “And we have shown him two ways (right and wrong)...”2The Ahkaams in Quran are of three types a) relating to beliefs; b) relating to morality; c) relating to legal rules. Quran also discusses the three kinds of modes of legislation namely a) Positive Mandatory legislation i.e. Muslims are bound to do those acts. b) _ Negative Mandatory legislation i.e. Muslims are forbidden to do those acts. ©) __ Discretionary legislation. I.e. Muslims are free to opt, having discretion in certain matters. “By far the larger part of the Qur’anic legislation consists of an enunciation of general principles, although in certain areas, the Qur'an also provides specific details. Being the principal source of the Shariah, the Qur’an lays down general guidelines on almost every major topic of Islamic law. Most of the legal contents of the Qur’an consist of general rules, although itcontains specific injunctions on a number of topics. Broadly speaking, the Qur'an is specific on matters which are deemed to be unchangeable, but in matters which are liable to change, it merely lays down general guidelines.”’Quranic legislations has two types of qualities (i) Qata’i ; very clear (ii) Zanni; open to interpretation and [jtihad. Quran does not lay down various degrees of permissibility or prohibitions. These degrees came into existence later when jurists developed “Figh” as an independent science. The type of guidance which the Muslims needed in Mecca’s was not the same as was needed in Madina that is why the MadniSuras differ in character from those revealed in Mecca. The MeccanSuras are similar in size and generally deal with basic beliefs of Islam. They provide guidance to an individual soul. On the other hand, MadniSuras have laws relating PLD 1967 SC 97 Al-Balad 90:10 ‘See M.H Kamali “Principles of Islamic Jurisprudence” , at p.35 Scanned with CamScanner110 Global Legal System and Constitutional Libretto in Pakistan (Ch. 7] to civil, criminal, social and political problems of a society. The Quran calls itself guidance and not the code of law, the eminent Islamic legal scholar M.H. Kamali expressed his views regarding the Qur’an as a legislative source of Islamic legal system in these words: "The Qur’anic legislation on civil, economic, constitutional and international affairs is, on the whole, confined to an exposition of the general principles and objectives of the law. With regard to civil transactions, for example, the nusus of the Qur'an on the fulfillment of contracts, the legality of sale, the prohibition of usury, respect for the property of others, the documentation of loans and other forms of deferred payments are all concerned with general principles. Thus in the area of contracts, the Qur’anic legislation is confined to the bare minimum of detail and in the area of civil transactions and property, the believers are enjoined to ‘devour not the properties of one another unlawfully, but let there be lawful trade by mutual consent’ (al-Nisa, 4:29). Elsewhere we read in surah al-Baqarah (2:275) that 'God has permitted sale and prohibited usury'. The detailed varieties of lawful trade, the forms of unlawful interference with the property of others, and the varieties of usurious transactions, are matters which the Qur’an has not elaborated. Some of these have been explained and elaborated by the Sunnah. As for the rest, it is for the scholars and the mujtahidun of every age to specify them in the light of the general principles of the Shari‘ah and the needs and interests of the people.”! 74 Sunnah The second primary source of Islamic law is traditions of Holy Prophet (PBUH). It includes Hadiths and Sunnah as well. Hadith means saying of Prophet (PBUH) and Sunnah means path or manner of life of Holy Prophet (PBUH). Both of these terms differ in their meaning but are treated same when used as precepts of Holy Prophet (PBUH) Quran and Sunnah are part and parcel to each other. Sunnah is a wider term having : ‘See M.H Kamali “Principles of Islamic Jurisprudence” , at p.36 Scanned with CamScanner[Ch. 7] Islamic legal system 111 three elements while Hadith is one out of these three. After the death of Holy Prophet (PBUH) only Hadith was collected and Sunnah never collected. God's object was not to give a system of abstract ideas, rather His object was to make the people practically obey His injunctions. This required concrete precedents to be laid down for every walk of human life. Only the abstract can be explained in a book, concrete cases can only be laid down by human actions. Therefore God entrusted this job to Holy Prophet (PBUH). As Holy Quran says, “For you the life of Holy Prophet (PBUH) has got model behaviour”! “Literally, Sunnah means a clear path or a beaten track but it has also been used to imply normative practice, or an established course of conduct. It may be a good example or a bad, and it may be set by an individual, a sect or a community”? Although Sunnah is classified into Qolia, Failia and Taqreeria and Hadith into many like Mutawatir, Ahad, Mursal etc. yet it can be classified traditions in different heads. Such as, (a) According to legal force (b) According to number of narrators () According to form (d) According to mode of narration (e) According to authenticity There is a general rule of law, now accepted under the guise of administrative law, that an authority competent to make law can delegate its power of lawmaking to someone or some institutions, in order to ancillary matters. The whole structure Sunnah provides a practical explanation of Quranic dicta. Whether Sunnah is an independent source of Islamic law or always follow Quran? This question can be answered after considering three aspects (a) Sunnah comprises such rules which are propounded by Holy Quran (b) Sunnah explains or interprets the Quranic rules which are not clear ‘Al-Ahzab: 20 7 Principles of Islamic Jurisprudence by M.H Kamali Scanned with CamScanner112 — Global Legal System and Constitutional Libretto in Pakistan Ich, 7) (c) Sunnah comprise such’rules about which Quran is silent The most important thing is that Sunnah comes after Quran as a source of Islamic Law and no other source.comes in between them. As Quran says “And came to you from Allah the Light (Prophet PBUH) and the book”! The Honourable Supreme court also laid down the importance of Sunnah as primary sources of Islamic Law in the case? “Even if the Sunnah does not qualify to be a command and remains a Ghuman, it nevertheless remains the Sunnah of the Holy Prophet (PBUH). And unless the occasion exhausted itself and is not to occur again, it will command respect from the believers, at a much higher pedestal than the Ghumans of others. It has to be reconciled to all the Commands of Allah in the Holy Quran which enjoins upon the believers to follow the Sunnah of the Holy Prophet (PBUH)".The central and integral position must be given to'Holy Quran and in case there is found any clash between the orders of both, efforts must be made to interpret the Sunnah in accordance with Quran. So Sunnah becomes the primary source of Islamic Law. The words, deeds, silence, decisions were all elevated by the Almighty, therefore, their acceptance and submission to them is one of the fundamentals of Muslim faith. 75 Ijma Ijma is defined as the unanimous agreement of the mujtahidun, of the Muslim community of any period following the demise of the Prophet Muhammad on any matter®.Jjma plays a crucial role in the development of Shariah. The existing body of Figh is the product of a long process of Ijtihad and Ijma. Ijma represents authority. Once an Ijma is established it tends to become an authority in its own right. According to the majority of Ulema, unanimity is prerequisite of Ijma’. All Mujtahidun, regardless of their locality, race, colour and school are following, must reach a consensus on a juridical opinion at the time an issue arises®. Therefore, the agreement of mujthidun must be demonstrated by their expressed opinion on a particular issue’. When Ijma fulfills the necessary requirements of Holy Quran, 5: 15 PLD 1986 SC(Shariat Appellate Bench) 360 See supra note 4, at p.156 See supra note 4, at p.157 See supra note 4, at p.158 See supra note 4, at p.159 Scanned with CamScanner[ch.7] Islamic legal system 113 Shariah, it becomes binding on everyone. Consequently, the mujtahidun of a subsequent age are no longer at liberty to exercise fresh Ijtihad over the same issuel. The word Ijma has two aspects in literal sense (a) Todetermine (vb) Toagree upon something So it can be summed up that an agreement of Jurists among the followers of Holy Prophet (PBUH) in a particular age on question of law and fact, after the departure of Holy Prophet (PBUH). While M. Bernard states “It is the unanimous doctrine and opinion of the recognized religious authorities at any given time”? Following points must be borne while illustrating the term Ijma (a) It is the consensus of Muslim jurists of one particular period concerning a Sharia value. (b) It is an agreement of Islamic community on a religious, rational or legal matter. (c) _ Itis a consensus of opinion of persons competent for Ijma. (4) It is the unanimous agreement after the death of Holy Prophet (PBUH). But the rule of exceptions must not be overlooked which clearly provides a bar that it cannot be held on five pillars of faith and expresses commandments of Quran. Jurists provides following authorities in favour of Ijma, (a) ‘Their government is by council among themselves”. (b) ‘And consult with them, upon the conduct of affairs and ‘when those are resolved, then put the trust in Allah’. () ‘My followers shall never agree upon’ what is wrong.’ (Hadith) Ijma becomes an essential part of faith and disbelief in it is termed an act of disbelief. It is reached for the generality of human needs in ‘See supra note 4, at 161 Or. Liaquat Ali Khan Nyazi, p-51. Al-Quran, 3: 38 2 3 * AtQuran, 3: 159 Scanned with CamScanner114 Global Legal System and Constitutional Libretto in Pakistan [Ch. 7] accordance with the requirements of the time and conditions by providing process of exertion to adopt the law to legal developments as prescribed by Shariah and it is accomplished by those who possess necessary qualifications, known as, ‘mujtahid’, A person who must be well versed (Scholar) of Quran and Sunnah, knowledge of Qiyas, Knowledge of Arabic language, impartial thinking, up-to-date knowledge. The decision taken through Ijma will be binding, but according to Hanfi School of thoughts it would be authoritative only where it becomes well known and no mujtahid later on change his opinion. It is also necessary that both mujtahid and layman should reach an agreement about its validity and implementation. And it cannot be disagreed at later stages without a sanad. As the legislative functions are now within State's powers, the issue of Ijma needs to be examined under the light of modern trends and laws. Parliament, which is a body for legislation in the modern era, does not qualify (strictly speaking as of its members) to be called Mujtahids. So the compatibility of traditional rules regarding Ijma and new developments, need to be addressed. 76 — Itihad The word ljtihad literally means ‘to extract’, As per Fayzee ‘It is exerting one’s self to the utmost degree to attain an object’. In short Jjtihad construes an inference which amounts to a probability, thereby excluding the extracting of a ruling from a clear text. The task of Mujtahid is to discover the rules from the texts, i.e. Quran and Sunnah, and extend them to modern problems. Jurists presents many verses of Holy Quran in favour of Ijtihad such as, Al-Hashr 59:2, Al-Toba 9:122, Al-Nisa 4:59, Al-Nehl 16:89 along with numerous Ahadith of Holy Prophet (PBUH) such as, the one which is a dialogue between Holy Prophet (PBUH) and Hazrat Muaz-bin-jabal. In modern era, as the legislative functions are within jurisdiction of state, so role of Ijtihad is minimized in that sense only, however, at personal level, people do resort to Mujahedeen and it all depends on the acceptance by people. While deciding a matter pertaining to personal law of the parties, courts may give weightage to personal opinion of a jurist. The Muslim Family Law Ordinance, 1961 can be presented as an example in this regard, along with number of cases in which emphasis on importance of Ijtihad in modern era has been laid. There are various types of : ‘AAA Fayzee, Outlines of Muhammadan Law, p-36 Scanned with CamScanner[Ch. 7] Islamic legal system 115 Mujahedeen’s, Mujtahid-fil-mazhab, Mujathid-fil-Masa’l, Mujtahidfi’shrietc, and kinds of Ijtihad, Ijtihad-e-taa’m, Ijtihad-e-Naqis, Ijtihad-e-Mutalligetc as well. In modern era Ijtihad in isolation is not possible but it requires in collective mode, hence legislative assembly is the right place for the purpose of collective Ijtihad'.The concept of Ijtihad is also gets favour in the case? in such words “The principle of Ijtihad as acknowledged by all the Schools of thought is that it is permissible only when there is no Quranic Injunctions and if there is any ambiguity to be cleared or clarification needed then resort shall have to be made to Sunnah first”.Al-Tawami points out that Ijtihad by individuals in the manner that was practiced by the fugha of the past is no’ longer suitable to modern conditions. The revival of Ijtihad in our times would necessitate efforts which the government must undertake. He, argues or suggests responsibility of necessary training upon the state and setting up of a council of qualified mujtahidéens to advise- in the preparation and approval of statutory law, so as to ensure its harmony with Sharia’ Principles*. 7.7 Qiyas Literally it means ‘measuring one thing in terms of another’. As per Hanfi jurists, technically it is an extension of law from the original text to which the process id applied to a particular case by means of a common or effective cause, which cannot*be ascertained by merely interpreting the language of the text. Sir Abdur Rahim states “it is a process of deduction by which the law of the text is applied to cases which though not covered by the language, are governed by the reason of the text#. Its origin is traced from Imam Abu Hanifa R.A. Sunni School treats it a valid source of law while Shia’s do not recognize it. Sunni scholars quote the verses in favour of Qiyas ‘Learn a lesson then, O You, Who are endowed with insight and ‘And shall devote themselves (instead) to acquiring a deeper knowledge of the faith®. Following are the main elements of Qiyas, (a) ASL- Original case from which analogy is derived (vb). FAR’- Parallel or fresh case i Kamali, p-177 PLD 2000 Federal Shariat Court 4 Kamali, p-377 Sir Abdur Rahim, p-113 AlHashar: 2 AlTauba: 122 , Scanned with CamScanner116 — Global Legal System and Constitutional Libretto in Pakistan [Ch. 7] (c) ILLAT- Effective cause (a) HUKM. This law applies to parallel text. These elements can be understood from the text of Hadith, “Murderer will not inherit’, But what about bequest, if one murders the testator? Murdering the predecessor in the case OF inheritance is---ASL While murdering the testator is---FAR’ Crime is---ILLAT HUKM-E-ASL is prevention from inheritance, while HUKM-E- FAR’ is deprivation from bequest, established through Qiyas. i When texts are not clear on any issue, the rational sources come and ‘ play their role. As per Sunni Jurists, Qiyas is one of the most important among the rational sources. In Qiyas a jurist tries to find out the effective cause of a hukm in the texts and then renders the two cases equal in terms of hukm. 78 — Istihsan (Juristic Equity) It literally means ‘holding for better’. It is a preference of a thing to be good. It is equitable principle of juristic preference. It is allowed by Hanfi School when the text derived through Qiyas is narrow and inadaptable and in the opinion of jurist it would create hardship, then he is at liberty to adopt a rule which in his opinion will cause welfare of people and which is nearer to the aims of Justice. There is no direct evidence justifying Istihsan in Quran, however, indirectly adopters of Istihsan present these two verses in its favour. Le. Al-Zamr 39: 18 and 39: 55, along with few Hadiths.Hanfi, Malaki AND Hanbali jurists treat it as a secondary source of Islamic Law while Shafai, Zahiri and Shia Jurists are against it. Imran Ehsan Khan Nyazi? has listed various types of methods through which Istihsan is employed such as, i) Istihsan through text, ii) Istihsan on the basis of Ijma, iii) Istihsan on the basis what is good, iv) Istihsan on the Sir Adur Rahim, p-113 + See, Islamic Jurisprudence, pp-234-236 a Scanned with CamScanner(Ch. 7] Islamic legal system 117 basis of the necessity, v) Istihsan on the basis of Masalah, vi) Istihsan on the basis of Qiyas-e-Khaffi. - 79 Different Schools of Islamic Law (Muslim Rites) Within the Muslim Community different Schools (madhhab) are admitted. They are most commonly called ‘rites’ and each constitutes a particular interpretation of Muslim Law. These ‘rites’ came into existence in the second century of the Hijra. The first broad vision is between the schools of Sunni’s and Shia’s Laws. The division originated with dynamic questions and grew into separation in doctrinal and legal principles’. 7.9.1 The Shia School- Shias do not accept any tradition attributed to the Prophet (infa) unless it comes from the household-of the Prophet (ahl-i-Bait). They also do not accept the validity of any decision not endorsed by the Imam. The Imamia Shias are divided into two main branches- Akhbari and Usuli. The Akhbaris accept certain resolutions of former scholars but not the Usulis. The later accept only those which are approved by their Imams. The partisans of Ali and the followers of the House of Muhammad began to be called Shias or adherents. The Shia school owes its origin to Imam Jafar as ~ Sadik, the sixth Imam of Imamias. The principal ‘heretical rite as the Shiite’ predominating in Iran (old name ‘Persia’) and Iraq where they form the majority?. 7.9.2. The Sunni School- The Sunnis base their doctrines on traditions and respect the concordant decisions of the successive Caliphs and of the general assembly's in addition to Quranic regulations, as almost equal in authority to them. The doctrine of Qiyas constitutes the basis upon which Sunni Jurisprudence is essentially founded. It was during the reign of Abbasids that the four Sunni rites were founded?, 7.9.3. The Hanfi Rite - The Hanfi School was founded by Abu Hanifa of Kufa (696-767 AD). The School is also known as ‘Kufa” school. The home of this school is Iraq. The characteristic features of this school was that it placed little reliance on the mass of oral traditions and applies severe test, based on reasons and be S.R. Myneni- Legal Systems of The World,(2010), at p.261 See supra note, 27 at. P 262 Scanned with CamScanner118 Global Legal System and Constitutional Libretto in Pakistan Ch, 7] analogy to find out their genuineness. He relied more on deductions than on traditions. But he did not neglect traditions, He formulated the doctrines of jurisprudence and can rightly be called the founder of the Mohammadah science of law. He gave prominence to the Qiyas. He paid importance to Istihsan, He also extended the doctrine of ima, He considered the Quran and teachings of the Holy Prophet as the primary source of law. Abu Hanifa and his disciples codified the Islamic Laws. The Hanfi Rite has the greatest number of followers and has spread into ‘Turkey, Afghanistan, Pakistan, Bangladesh and India! 7.94 The Maliki Rite - The Maliki School was founded by Malik Ibn Anas (715-795 AD), who was an inhabitant of Medina. He did not rely much on Qiyas. He paid very great importance to the usages and customs-or Medina. He was a believer in public welfare, He added Istidla as a fifth source of law. Isdila is the name for a distinct method of Juristic ratiocination which enables us to presume that a state of things which is not proved to have ceased, still continues, He was in his time the highest authority on Hadith. His principal work ‘Al- Muwata’ isa collection of traditions, and ranks as the oldest work on Sunnite law. The Maliki Rite is that of the Muslims of North and North West Africa? 795 The Shafei Rite - The Shafei School was founded by, Mohammad Ibn Idris Ash-Shafei (715-795 AD). He was responsible for the doctrine of Qiyas but he ruled that an analogy may be based rightly on the Quran or Hadith or Ijmaa. He perfected the doctrine of Ijmaa and made it a Source of law. He recognized only the Sunna of the prophet. The Shafei:rite. prevails in Malaysia, Indonesia and on the eastern coast of Africa and also spread to Pakistan’, 7.9.6 The Hanbali Rite ~ The fourth and the latest of the Sunnite school was that of ‘Abu’ Abdi Mah Ahmad Ibn Hanbal (780-855 AD). He perfected the doctrine of Usul (infra). He adhered rigidly to traditions. He interpreted them liberally and hardly reconciled with the doctrine of agreement and analogy. His great work is known as “Musnadus-Imam Hanbal” in Arabia the Hanbali tite is dominant4, . supra note, 27 at See ‘Supra note, 27 at p.263 Scanned with CamScanner[Ch, 7] Islamic legal system 119 7.10 Crimes and Punishments in Mohammedan Law .In Mohammedan Law state belongs to God, and the violation of public right was an offense against God while infringement of private right was an offense mainly against the individual concerned. Crime was notvonsidered as social-evil. The crimes were divided into three kinds: (a) Offences against God, such as adultery, fornication, apostasy, drinking wine, theft, high way robbery and false accusation of married women of adultery. (b) Offences against the ruler- Rebellion, misrule and moral turpitude on the part of chieftains (c) Offences against the private individuals, Arson, stealing, gambling, stealing of wine, counterfeiting of coins etc!. The following were the main types of punishments: 7.10.1 Kisa- Kisa Means retaliation. It is based on the concept of ‘blood for blood’. This type of punishment was awarded in the case of killing and wounding which did not prove fatal. It the next of kin demanded blood money (diya) which was permissive under law, and the same was offered by murderer and accepted by the next kin; no further action could lie in such a case. 7.10.2. Hadd-‘Hadd’ Means ‘limit prescribed by the laws’. The punishment was different in nature in such cases, For the offences of the nature of theft, whoredom (Zina), apostasy, drunkenness and defamation and slander etc, the used forms of punishments were stoning, scourging, amputation of limbs. A married person convicted of whoredom (Zina) was to be stoned till death. An unmarried person was to be scourged with one hundred strides. Cutting of limbs of the offender was a punishment prescribed in the case of theft etc, 7.10.3 Tazeer-‘Tazeer’ Means prohibition. This applied to cases not covered by Hadd (fixed). It was a reformative type of punishment. The usual types of such punishments were imprisonment, Exile, corporal punishment, a See supra note, 27 at p.266 See supra note, 27 at p.267 ibid Scanned with CamScanner120 Global Legal System and Constitutional Libretto in Pakistan (Ch, 7] reprimand, fine. Offences such as counterfeiting coins, hurt, gambling, theft etc were punished with Tazeer!, 7.11 Adaptation of Muslim Law to the Modern World Many states of Muslim population continue to affirm in their laws, and often in their Constitutions, their adherence to the principles of Islam. The state’s submission to these principles is explicitly stated in the Constitutions of Morocco, Tunisia, Syria, the Islamic Republic of Mauritania, Iran, and Pakistan etc. the Civil Codes of Egypt (1948), Syria (1949) and Iraq (1951) instruct judges to fill any gaps in the law according to the principles of Muslim law; the Constitution of Iran and the Laws of Indonesia provide for a procedure intended to assure the conformely of institutions to the principles of Muslim law. And yet these countries wish to modernize themselves and are rapidly doing so”. See supra note, 27 p.267 ~ See supra note, 27 at p.268 Scanned with CamScanner