Sharia and the State in Pakistan


Book Description

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.




The Application of Islamic Criminal Law in Pakistan


Book Description

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.










The Islamization of the Law in Pakistan (RLE Politics of Islam)


Book Description

This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.




Islam in Pakistan


Book Description

The first book to explore the modern history of Islam in South Asia The first modern state to be founded in the name of Islam, Pakistan was the largest Muslim country in the world at the time of its establishment in 1947. Today it is the second-most populous, after Indonesia. Islam in Pakistan is the first comprehensive book to explore Islam's evolution in this region over the past century and a half, from the British colonial era to the present day. Muhammad Qasim Zaman presents a rich historical account of this major Muslim nation, insights into the rise and gradual decline of Islamic modernist thought in the South Asian region, and an understanding of how Islam has fared in the contemporary world. Much attention has been given to Pakistan's role in sustaining the Afghan struggle against the Soviet occupation in the 1980s, in the growth of the Taliban in the 1990s, and in the War on Terror after 9/11. But as Zaman shows, the nation's significance in matters relating to Islam has much deeper roots. Since the late nineteenth century, South Asia has witnessed important initiatives toward rethinking core Islamic texts and traditions in the interest of their compatibility with the imperatives of modern life. Traditionalist scholars and their institutions, too, have had a prominent presence in the region, as have Islamism and Sufism. Pakistan did not merely inherit these and other aspects of Islam. Rather, it has been and remains a site of intense contestation over Islam's public place, meaning, and interpretation. Examining how facets of Islam have been pivotal in Pakistani history, Islam in Pakistan offers sweeping perspectives on what constitutes an Islamic state.







Islam and Sectarian Violence in Pakistan


Book Description

This book analyses the growth of sectarian-based terrorist violence in Pakistan, one of the Muslim majority states most affected by sectarian violence, ever since it was established in 1947. Sectarian violence among Muslims has emerged as a major global security problem in recent years. The author argues that the upsurge in sectarian violence in Pakistan, particularly since the late 1970s, has had less to do with theological differences between the various sects of Islam, but is a consequence of the specific political, social, economic, demographic and cultural changes that have taken place in Pakistan since it was established as an independent state. A major theme of the book is the increasing violence, extent and expressions of sectarian conflict which have emerged as new forms of sectarian terrorism. The volume provides an in-depth empirical case study which addresses some major theoretical questions raised by Critical Terrorism Studies researchers in respect of the links between religion and sectarian terrorism in Pakistan and more widely. This book will be of much interest to students of critical terrorism studies, Asian politics and history, religious studies and International Relations in general.




Islam and the Secular State


Book Description

What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.




The Role of Islam in the Legal System of Pakistan


Book Description

Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.