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- Divorce (3)
- Islamic jus in bello (3)
- Islamic law (3)
- Precedent in Islamic law, Islamic legal system, the Saudi legal System (3)
- Civilians (2)
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- Dworkin (2)
- Hart (2)
- Ibn Taimiyah (2)
- Islamic legal system (2)
- Layha (2)
- Layha for the Mujahideen in Afghanistan, code of conduct for the fighters in Afghanistan, non-state Isalmic actors, Islamic jus in bello, prisoners of war in Islam, non-combatants in Islamic law, types of offences in Islamic law, international humanitarian law and Islamic law (2)
- Perfidy (2)
- Precedent in Islamic law (2)
- Prisoners of war (2)
- Shaybani (2)
- Suicide attacks, Islamic law and suicide attacks, fatwas about suicide attacks, Sheikh Qaradawi on suicide attacks, analysis of the fatwas of Muslim scholars, perfidy, Shaybani, (2)
- The Saudi legal system (2)
- Triple talaq (2)
- Women rights (2)
- 'ulama (1)
- Abu Hanifa (1)
- Abu Yusuf (1)
- Afghanistan (1)
- Analysis of fatwas about triple talaq in Pakistan and India (1)
- Analysis of the fatwas of Muslim scholars (1)
- Arab states (1)
- Ashraf Ali Thanavi (1)
- Awza'i (1)
- Banu Qurayza (1)
- Bodenheimer (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Dissecting The Claims Of Legitimization For The Ritual Of Female Circumcision Or Female Genital Mutilation (Fgm), Muhammad Munir Dr
Dissecting The Claims Of Legitimization For The Ritual Of Female Circumcision Or Female Genital Mutilation (Fgm), Muhammad Munir Dr
Dr. Muhammad Munir
This work analyses the various arguments put forward by the supporters of female genital mutilation (FGM) under Islamic law to determine whether this practice has its roots in Islam, whether it is a customary or cultural tradition, or whether it is a matter of personal preference in different parts of the Muslim world where the practice exists. The findings of this work are that the arguments given in support of FGM are either not reliable, are weak or, do not order Muslims to carry out this practice. Instead, this horrific practice is rooted in customary-cum-cultural tradition or, is a matter …
Three Or One Talaq? An Analysis Of Some Fresh Fatwas On The Legal Effect Of Three Talaq In One Session In Pakistan And India, Muhammad Munir Dr
Three Or One Talaq? An Analysis Of Some Fresh Fatwas On The Legal Effect Of Three Talaq In One Session In Pakistan And India, Muhammad Munir Dr
Dr. Muhammad Munir
There is no consensus among the ahl al-hadith ‘ulama regarding the issue that three talaq in one session amount to one, because, there are two leading ahl al-hadith scholars who favour the view of the jamhur, i.e. three repudiations in one session amounts to three. Today, Many Muslim states have explicitly adopted the position of Ibn Taimiyah on triple talaq. Several new fatwas regarding triple talaq given by some leading ‘ulama in India are not so new but are the re-statement of the position of Hanafi scholar Qadi Khan (6th/12th). The position taken by Tahir Mahmud on triple talaq against …
Triple Talaq In One Session: An Analysis Of The Opinions Of Classical, Medieval, And Modern Muslim Jurists Under Islamic Law, Muhammad Munir Dr
Triple Talaq In One Session: An Analysis Of The Opinions Of Classical, Medieval, And Modern Muslim Jurists Under Islamic Law, Muhammad Munir Dr
Dr. Muhammad Munir
This work analyzes one of the hottest and most tricky issues of the Muslim Family Law, i.e., whether in cases of divorce (ṭalāq), three repudiations spoken in one session equal one or three repudiations. There had been no disagreement regarding this issue among the four Sunni Schools of Jurisprudence until the end of the 7th century Hijrah when Ibn Taimiyah and Ibn al-Qayim challenged the position of the ğamhūr (majority of Islamic scholars). Before them only the Shīʿa and the Ẓāhirites had treated three pronouncements in one session as one. The ğamhūr has given very strong arguments in support of …
Are Judges The Makers Or Discoverers Of The Law?: Theories Of Adjudication And Stare Decisis Withspecial Reference To Case Law In Pakistan, Muhammad Munir Dr
Are Judges The Makers Or Discoverers Of The Law?: Theories Of Adjudication And Stare Decisis Withspecial Reference To Case Law In Pakistan, Muhammad Munir Dr
Dr. Muhammad Munir
The debate about whether judges make or create the law is at the centre of any discussion about stare decisis. Modern authors have discussed the views of judges and jurists in the past. This work focuses on some of the notable judges and jurists of the twentieth century, such as Lord Denning, Lord Reid, Lord Devlin, Bodenheimer, Hart, Dworkin, from the Anglo–American legal systems. The views of the latter three jurists are very complicated and need particular attention. It is also pertinent to note that no one has explored the views of leading judges and jurists in Pakistan to know …
Reforms In Triple Talaq In The Personal Laws Of Muslim States And The Pakistani Legal System: Continuity Verses Change, Muhammad Munir Dr.
Reforms In Triple Talaq In The Personal Laws Of Muslim States And The Pakistani Legal System: Continuity Verses Change, Muhammad Munir Dr.
Dr. Muhammad Munir
This work analyses the reforms carried out in some of the Muslim states regarding the issue of triple divorce in one session. According to a majority of Sunni jurists, pronouncing the word “talaq” three times in succession, equates with three “talaqs.” On the contrary, according to Ibn Taimiyah, Ibn al-Qiyam, and the Shi‘a Imamiyah, three pronouncements of the word talaq in one session equals only one talaq. Most Arab, as well as many Muslim states such as Egypt, Syria, Jordan, Iraq, Sudan, Morocco, Kuwait, Yemen, Afghanistan, Libya, Kuwait, Qatar, Bahrain, and the United Arab Emirates, have, while formulating their own …
Islamic International Law (Siyar): An Introduction, Muhammad Munir Dr
Islamic International Law (Siyar): An Introduction, Muhammad Munir Dr
Dr. Muhammad Munir
This work explains the origin, sources, and evolution of Islamic international law (Siyar). It attempts to locate the role and place of Islamic International law (Siyar). It argues that Abu Hanifa was the first jurist to treat Siyar as a separate legal science and who systematically explained the rules of Siyar. This works discusses the role of Siyar within the domestic law in Pakistan. It concludes that since Islamic law is not only one of the principal legal systems in the world but also that Islam is one of the main forms of civilizations; therefore, Islamic law must be one …
The Administration Of Justice In The Reign Of Akbar And Awrangzib: An Overview, Muhammad Munir Dr
The Administration Of Justice In The Reign Of Akbar And Awrangzib: An Overview, Muhammad Munir Dr
Dr. Muhammad Munir
This work focuses on the judicial system of great Mughals, especially Jalal uddin Akbar (1556-1605) and Muhiyuddin Muhammad Awrangzib (1658-1707). It also analyses some of the judicial reforms in the reign of Nuriddin Muhammad Jahangir (d.1037/1627). The main findings of this work are: judiciary under Akbar, Jahangir and Awrangzib was independent and was not under the control of Kings. Akbar has wrongly been accused by some historians of founding a new religion. Akbar by a large did not interfere in the work of his judges. Even his controversial acts have some basis in Islamic law. Awrangzib had carried out tremendous …
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
Dr. Muhammad Munir
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
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 …
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
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 …
The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.
The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.
Dr. Muhammad Munir
This paper argues that Islam introduced far reaching reforms to warfare; that the conduct of the Prophet (peace be upon him) and his successors does not to allow the burning and drowning of enemy to death. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of warand envoys is strictly against the teachings of the Prophet (peace be upon him) or his successors. The destruction of harvest, livestock and forests, looting, plundering and corruption from the war booty and indiscipline are prohibited as …
Debates On The Rights Of Prisoners Of War In Islamic Law, Muhammad Munir Dr
Debates On The Rights Of Prisoners Of War In Islamic Law, Muhammad Munir Dr
Dr. Muhammad Munir
This paper explores the rights of protection available to the prisoners of war under Islamic law. It analyzes the differences of opinion among the early fuqaha’ regarding the POWs. The paper finds that the Qur’an mentions only two ways to terminate captivity, that is, mann (freedom gratis) and fida’ (ransom) (Qur’an 47: 4) a verse that was not superseded; that ransom was taken by the Prophet only from the POWs of Badr whereas the general practice of the Prophet (peace be on him) and his caliphs was to set POWs free without any condition or ransom. Non-Muslim states used to …
The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.
The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.
Dr. Muhammad Munir
Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree …
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.
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.
"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 …
"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.
"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.
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.
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 …
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Dr. Muhammad Munir
This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
Dr. Muhammad Munir
The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …
“Hart’S Rule Of Recognition: ‘The Foundations Of A Legal System’ Or A Form Of Customary Rule?”, Muhammad Munir Dr
“Hart’S Rule Of Recognition: ‘The Foundations Of A Legal System’ Or A Form Of Customary Rule?”, Muhammad Munir Dr
Dr. Muhammad Munir
The rule of recognition is the foundation of a legal system for Hart. This work thoroughly discusses the rule of recognition from every possible aspect and mentions the various ways in which Hart has used it in his literature. This article adds to the list of shortcomings in Hart’s treatment of the rule of recognition and finds inconsistencies in his position regarding the same. This work attempts to narrow down the gap between Hart and Dworkin regarding the rule of recognition.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
Dr. Muhammad Munir
Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …