Book: “The Islamization of the Law in Pakistan”

This work provides information about the process of the Islamization of the law in Pakistan, focusing particularly on the period of 1977-1988.

Special attention is given to the Islamic aspects of constitutional, criminal and family law. The author contends two principle theses throughout the work: first, that Islamization has been essentially superficial, leaving intact much of the Anglo-Muhammadan law established during the British colonial period in India prior to partition, and second, that the Islamization process has been both ineffective and incoherent in practice. She also set up a traditionalist versus Modernist dichotomy to explain the conservative versus progressive forces within the Islamization movement, simplifying her depiction in order to present what are supposedly the majority opinions on both sides.

Table of Contents

 

• Theoretical Framework: Islamization and an Inconsistent and Unstable Legal System in a Peripheral Capitalist State
  • Introduction
  • Pre-British Muslim Rule in India
  • Anglo-Muhammadan Law
  • Law and Ideology in Pakistan
  • Islamic Revivalism in Pakistan
  • The Islamization of the Law in Pakistan: Instability and Inconsistency and Other General Features
  • Islamization of the Law and Anglo-Muhammadan Law
  • Legal Pluralism
  • Social Reform Through Law
  • Development of Islamic Law in Pakistan
• Islamic Provisions in the constitutions of Pakistan
  • Introduction
  • The Objectives Resolution
  • The Constitution of 1956 and its Islamic Provisions
  • The Constitution of 1962 and its Islamic Provisions
  • Islamic Provisions in the Constitution of 1973
  • Revival of the Constitution Order, 1985 and Islamic Provisions
• Criminal Law
  • Introduction
  • Offences against Property (Enforcement of Hudood) Ordinance, VI of 1979
  • Offence of Zina (Enforcement of Hudood) Ordinance 1979
  • Offence of Qazf (Enforcement of Hadd) Ordinance, VIII, of 1979
  • The Prohibition (Enforcement of Hadd) Order, 1979
  • The Execution of the Punishment of Whipping Ordinance 1979
  • Law of Evidence
  • Amendment to the Pakistan Penal Code (XLV of 1860) for derogatory Remarks Against the Prophet of Islam, His Family and Quran
  • Draft Ordinance Relation to Law of Qisas and Diyat
  • Conclusion
• Family Law
  • Introduction
  • Registration of Marriage
  • Polygamy
  • Divorce
  • Women’s Rights of Divorce in Pakistan
  • Maintenance
  • Dower (Mahr)
  • Inheritance
  • Arranged Marriage /Child Marriage
  • Dowry
  • Failure of the Muslim Family Laws Ordinance. 1961
  • Challenges to the Muslim Family Laws Ordinance, 1961
  • Conclusion
• The Procedure Used in the Islamization of the Law
  • Introduction
  • Institution for Islamization
  • Conclusion

Bibliographic Information

Title: The Islamization of the Law in Pakistan

Author: Rubya Mehdi

Publisher: Routledge; Reprint edition (May 31, 2013)

Language: English

Length: 344 pages

ISBN: 978-0415830843

Pub. Date: 2013