The Application of Islamic Criminal Law in Pakistan : Sharia in Practice (Brill's Arab and Islamic Laws Series, Volume 2)

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. 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."--Publisher description CONTENTS......Page 8 ACKNOWLEDGEMENTS......Page 14 INTRODUCTION......Page 22 CHAPTER ONE......Page 38 CHAPTER TWO......Page 78 CHAPTER THREE......Page 120 CHAPTER FOUR......Page 164 CHAPTER FIVE......Page 186 CHAPTER SIX......Page 260 CHAPTER SEVEN......Page 304 APPENDIX A......Page 310 APPENDIX B......Page 320 APPENDIX C......Page 336 APPENDIX D......Page 349 APPENDIX E......Page 375 APPENDIX F......Page 386 APPENDIX G......Page 397 APPENDIX H......Page 399 APPENDIX I......Page 401 APPENDIX J......Page 406 BIBLIOGRAPHY......Page 408 INDEX......Page 424 The discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. This title deals with the consequences of enforcing Islamic criminal law in Pakistan. It provides an analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world The study Legal and theoretical foundation of the qiṣaṣ and diyat law in Pakistan The evolution of the qiṣaṣ and diyat law in Pakistan : a brief history Assembly debates on the law of murder and homicide, 1981-97 The new law and judiciary Impact of qiṣaṣ and diyat law on the administration of criminal justice in Pakistan.