The Application of Islamic Criminal Law in Pakistan: Sharia in PracticeBRILL, 28.02.2009 - 428 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. |
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 |
387 | |
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The Application of Islamic Criminal Law in Pakistan: Sharia in Practice Tahir Wasti Eingeschränkte Leseprobe - 2009 |
Häufige Begriffe und Wortgruppen
Abdul accused acquittal Ahmad Allah Amendment appeal badl-i-sulh Bhutto cause death causing hurt Chapter committed compound the offence compromise Constitution convict Court of Pakistan crime CrPC culpable homicide death sentence deceased diyat law draft Ordinance enforced evidence execution of qisas Federal Shariat Court Federation of Pakistan Ghulam Gul Hassan Khan homicide and murder hudud Hussain Ibid injunctions of Islam Islamabad Islamic criminal law Islamic law Islamisation judgment jurists Khan killed Lahore High Court law of qisas legal heirs liable to arsh liable to qisas Majlis-i-Shoora Muhammad Multan Muslim Nawaz Nawaz Sharif non-Muslim Pakistan Penal Code pardon parties PCrLJ person Peshawar petition police promulgated prophet punished with imprisonment qatl qatl-i-amd qatl-i-khata qisas and diyat Quran and Sunnah right of qisas SCMR sections 309 Shariat Benches Shoora society Supreme Court tazir term tion trial court ulema verse victim waived waiver wali Zia-ul-Haq