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Full-Text Articles in Jurisprudence

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr. Dec 2008

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …


"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr. Nov 2008

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …


Suicide Attacks And Islamic Law, Muhammad Munir Dr. Mar 2008

Suicide Attacks And Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

Suicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be committing at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of enemy soldiers and civilians, committing suicide, and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.


Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr. Mar 2008

Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr.

Dr. Muhammad Munir

Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Since 1886 Courts in the Indo-Pak subcontinent have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines some of the cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage in Islam is highlited are also discussed. Moreover, it examines the nature of marriage under Islamic …