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Ali Khan

Selected Works

Jurisprudence

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Full-Text Articles in Law

Islamic Flextime, Liaquat Ali Khan Aug 2013

Islamic Flextime, Liaquat Ali Khan

Ali Khan

Islamic flextime is derived from a divine decree that convenience is the organizing principle of cosmic construction. Rigid temporal frameworks restrict freedom and may even impede human happiness, social harmony, and economic efficiency. This essay explains the foundation of Islamic temporality. Islam teaches that human beings can use temporality but they have no control over time, just as they can benefit from sunlight but cannot conquer the sun. A flexible notion of temporality facilitates the performance of obligations, without repudiating the core concepts of punctuality and time commitments. Islamic flextime is an accommodation principle that respects individual needs and mitigates …


Essay: Infinity Of Law, Ali Khan Mar 2011

Essay: Infinity Of Law, Ali Khan

Ali Khan

At a given point in time, law is finite and its constitutive norms can be mostly identified with certainty. Despite its finitude, however, law is also infinite because the number of future additions and subtractions to the legal system is incalculable. As a general matter, law faced with infinite causes and consequences opts for legally manufactured finitism. Concerned with contracts, decedent’s estate, patents, searches and seizures, and other areas of law, practical law requires finite facts and finite laws in order to structure transactions and resolve disputes. Practical law shuns the infinite and courts finitude. The principle of finitude, however, …


A Legal Theory Of Revolutions, Ali Khan Dec 1986

A Legal Theory Of Revolutions, Ali Khan

Ali Khan

A legal theory of revolutions presents the principle of social approval. In order to determine the legitimacy of a revolution in the legal sense, the principle of social approval focuses upon the critical significance of succession rules. The normative statement that a legislator has the right to make laws presupposes the existence of the rule, in the social group, under which he has this right. This rule is the succession rule. A revolution occurs when a person usurps power in violation of the existing succession rules. The revolution is lawful if new succession rules given by the usurper enjoy social …