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Dr. Muhammad Munir

Selected Works

Precedent in Islamic law, Islamic legal system, the Saudi legal System

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr. Feb 2011

The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …


"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 …