The Application of Islamic Criminal Law in Pakistan: Sharia in Practice

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BRILL, 2009 - 408 Seiten
No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
 

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Inhalt

The Application of Qisas and Diyat Law in Pakistan
1
Chapter One The Study
17
Chapter Two Legal and Theoretical Foundation of the Qisas and Diyat Law in Pakistan
57
A Brief History
99
Chapter Four Assembly Debates on the Law of Murder and Homicide 198197
143
Chapter Five The New Law and Judiciary
165
Chapter Six Impact of Qisas and Diyat Law on the Administration of Criminal Justice in Pakistan
239
Chapter Seven Conclusion
283
The Act of 1997
328
Tables of the Ten Districts Police Records
354
Tables of the Ten Districts Session Courts Records
365
Homicide Rate of Pakistan
376
Questionnaire
378
List of Cases
380
List of Statutes
385
Bibliography
387

Chronology of Events
289
Draft Ordinance
299
The Ordinance 1990
315

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Über den Autor (2009)

Tahir Haider Wasti, PhD (2005) in Law, School of Oriental and African Studies, University of London has practiced law for a decade in Pakistan. His cases have been reported in various law journals. Presently he practices as a Solicitor of the Supreme Court of England and Wales in London and teaches Islamic law at the Islamic College of Advanced Studies.

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