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Judicial Law-Making: an Analysis of Case Law on Khul' in Pakistan
Judicial Law-Making: An Analysis of Case Law on Khul‘ in Pakistan Muhammad Munir* Abstract This work analyses case law regarding khul‘ in Pakistan. It is argued that Balqis Fatima and Khurshid Bibi cases are the best examples of judicial law- making for protecting the rights of women in the domain of personal law in Pakistan. The Courts have established that when the husband is the cause of marital discord, then he should not be given any compensation; and that the mere filing of a suit for khul‘ by the wife means that hatred and aversion have reached a degree sufficient for courts to grant her the separation she is seeking by resorting to her right of khul‘. The new interpretation of section 10(4) of the West Pakistan Family Courts Act, 1964 by Courts in Pakistan is highly commendable. Key words: khul‘, Pakistan, Muslim personal law, judicial khul‘, case law. * [email protected] The author, is Associate Professor at Faculty of Shari‘a & Law, International Islamic University, Islamabad, and Visiting Professor of Jurisprudence and Islamic Law at the University College, Islamabad. He wishes to thank Yaser Aman Khan and Hafiz Muhammad Usman for their help. He is very thankful to Professor Brady Coleman and Muhammad Zaheer Abbas for editing this work. The quotations from the Qur’an in this work are taken, unless otherwise indicated, from the English translation by Muhammad Asad, The Message of the Qur’an (Wiltshire: Dar Al-Andalus, 1984, reprinted 1997). Islamabad Law Review Introduction The superior Courts in Pakistan have pioneered judicial activism1 regarding khul‘. -
Law Review Islamabad
Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 Title Quarterly Research Journal of the Faculty of Shariah & Law International Islamic University, Islamabad ISSN 1992-5018 Islamabad Law Review Quarterly Research Journal of Faculty of Shariah& Law, International Islamic University, Islamabad Volume 1, Number 1, January – March 2017 Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 The Islamabad Law Review (ISSN 1992-5018) is a high quality open access peer reviewed quarterly research journal of the Faculty of Shariah & Law, International Islamic University Islamabad. The Law Review provides a platform for the researchers, academicians, professionals, practitioners and students of law and allied fields from all over the world to impart and share knowledge in the form of high quality empirical and theoretical research papers, essays, short notes/case comments, and book reviews. The Law Review also seeks to improve the law and its administration by providing a forum that identifies contemporary issues, proposes concrete means to accomplish change, and evaluates the impact of law reform, especially within the context of Islamic law. The Islamabad Law Review publishes research in the field of law and allied fields like political science, international relations, policy studies, and gender studies. Local and foreign writers are welcomed to write on Islamic law, international law, criminal law, administrative law, constitutional law, human rights law, intellectual property law, corporate law, competition law, consumer protection law, cyber law, trade law, investment law, family law, comparative law, conflict of laws, jurisprudence, environmental law, tax law, media law or any other issues that interest lawyers the world over. -
Part 5 Sindh
Environmentalw ain Pakistan L Governing Natural Resources and the Processes and Institutions That Affect Them Part 5 Sindh Environmental Law in Pakistan Governing Natural Resources and the Processes and w in Pakistan Institutions That Affect Them Sindh Contents Abbreviations ........................................................................................................................ 5 Introduction to the Series .................................................................................................... 6 Foreword................................................................................................................................ 7 Acknowledgements .............................................................................................................. 9 1. Legislative Jurisdiction ............................................................................................ 10 1.1 Natural Resources .....................................................................................................................10 1.2 Processes and Institutions.........................................................................................................12 2. Methodology.............................................................................................................. 18 3. Hierarchy of Legal Instruments ............................................................................... 19 3.1 Legislative Acts..........................................................................................................................19 -
The Click Library Page 1
The click library Page 1 The click library Page 2 Table of Contents Title Page Dedication Acknowledgements Acronyms PART ONE - Land, People and History Chapter 1 - Introduction: Understanding Pakistan PAKISTAN, AFGHANISTAN AND THE TALEBAN TOUGHER THAN IT LOOKS WEAK STATE, STRONG SOCIETIES ‗FEUDALS‘ HOW PAKISTAN WORKS THE NEGOTIATED STATE A GAMBLE ON THE INDUS THE PAKISTANI ECONOMY LIVING IN PAKISTAN A NOTE ON KINSHIP TERMS The click library Page 3 Chapter 2 - The Struggle for Muslim South Asia ‗ISLAM IN DANGER‘ The click library Page 4 RELIGIOUS AND SECULAR RESPONSES THE GENESIS OF PAKISTAN THE NEW PAKISTANI STATE ATTEMPTS AT CHANGE FROM ABOVE ZULFIKAR ALI BHUTTO ZIA- UL-HAQ PART TWO - Structures Chapter 3 - Justice THE CUSTOM OF THE COUNTRY THE POLICE THE COURTS THE LAWYERS‘ MOVEMENT THE SHARIAH NOT QUITE AS BAD AS IT LOOKS Chapter 4 - Religion FEUDING THEOLOGIANS THE LIMITS TO RADICALISM SAINTLY POLITICIANS SHRINES AND SUPERSTITION PURITANS, FUNDAMENTALISTS, REFORMISTS: THE JAMAAT ISLAMI MILITANTS The click library Page 5 Chapter 5 - The Military AN ARMY WITH A STATE The click library Page 6 THE MILITARY FAMILY HISTORY AND COMPOSITION INTER-SERVICES INTELLIGENCE, KASHMIR AND THE MILITARY – JIHADI NEXUS THE PAKISTANI NUCLEAR DETERRENT Chapter 6 - Politics THE MILITARY AND POLITICS HOW THE SYSTEM WORKS A POLITICIAN‘S LIFE THE MEDIA THE PAKISTAN PEOPLE‘S PARTY (PPP) THE PAKISTAN MUSLIM LEAGUE (NAWAZ) (PML(N)) THE MUTTAHIDA QAUMI MAHAZ (MQM) PART THREE - The Provinces Chapter 7 - Punjab PAKISTAN‘S PROVINCIAL BALANCE DIFFERENT PUNJABS LAHORE, -
Olitical Amphlets from the Indian Subcontinent Parts 1-4
A Guide to the Microfiche Edition of olitical amphlets from the Indian Subcontinent Parts 1-4 UNIVERSITY PUBLICATIONS OF AMERICA fc I A Guide to the Microfiche Collection POLITICAL PAMPHLETS FROM THE INDIAN SUBCONTINENT Editorial Adviser Granville Austin Associate Editor and Guide compiled by August A. Imholtz, Jr. A microfiche project of UNIVERSITY PUBLICATIONS OF AMERICA An Imprint of CIS 4520 East-West Highway • Bethesda, MD 20814-3389 Library of Congress Cataloging-in-Publicaîion Data: Indian political pamphlets [microform] microfiche Accompanied by a printed guide. Includes bibliographical references. ISBN 1-55655-206-8 (microfiche) 1. Political parties-India. I. UPA Academic Editions (Firm) JQ298.A1I527 1989<MicRR> 324.254~dc20 89-70560 CIP International Standard Book Number: 1-55655-206-8 UPA An Imprint of Congressional Information Service 4520 East-West Highway Bethesda, MD20814 © 1989 by University Publications of America Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences-Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. TABLE ©F COMTEmn Introduction v Note from the Publisher ix Reference Bibliography Part 1. Political Parties and Special Interest Groups India Congress Committee. (Including All India Congress Committee): 1-282 ... 1 Communist Party of India: 283-465 17 Communist Party of India, (Marxist), and Other Communist Parties: 466-530 ... 27 Praja Socialist Party: 531-593 31 Other Socialist Parties: -
Annual Report 2015–2016
SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2015 - May 2016 ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan Constitution Avenue, Islamabad Ph: 051-9220581-600 Fa x: 051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk Branch Registry Lahore Nabha Road. Ph: 042-99212401-4 Fax: 042-99212406 Branch Registry Karachi MR Kiyani Road. Ph: 021-99212306-8 Fax: 021-99212305 Branch Registry Peshawar Khyber Road. Ph: 091-9213601-5 Fax: 091-9213599 Branch Registry Quetta High Court of Balochistan Building Quetta. Ph: 081-9201365 Fax: 081-9202244 Published by: Supreme Court of Pakistan Compiled & edited by: Khawaja Daud Ahmad, Additional Registrar (Administration) Saleem Ahmad, Librarian, Supreme Court of Pakistan ii Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 CONTENTS 1. Foreword by the Chief Justice of Pakistan 1 2. Registrar’s Report 2 3. Profile of the Chief Justice and Judges 5 3.1 Profile of the Chief Justice of Pakistan 6 3.2 Profile of Judges of the Supreme Court of Pakistan 7 3.3 Chief Justices & Judges Retired During June 2015 to 34 May 2016 4. Supreme Court of Pakistan 35 4.1 Introduction 36 4.2 Seat of Supreme Court 37 4.3 Branch Registries 37 4.4 Supreme Court Composition, June 2015 to May 2016 39 4.5 Jurisdiction of the Supreme Court 40 4.6 Procedure for the Appointment of Judges of the 42 Supreme Court of Pakistan 4.7 Judicial Commission of Pakistan 43 4.8 Composition of the Judicial Commission of Pakistan 45 4.9 Judicial Commission of Pakistan Rules, 2010 45 4.10 Oath of Office 46 4.11 The Supreme Judicial Council of Pakistan 47 4.12 Code of Conduct for Judges of the Supreme Court and 48 the High Courts 4.13 The Supreme Judicial Council Procedure of Inquiry, 50 2005 4.14 Supreme Judicial Council – Reference No. -
Genesis and Evolution of Public Interest Litigation in the Supreme Court of Pakistan: Toward a Dynamic Theory of Judicialization
_28.2_KHAN_ARTICLE 4 (DO NOT DELETE) 2/23/2015 8:15 PM GENESIS AND EVOLUTION OF PUBLIC INTEREST LITIGATION IN THE SUPREME COURT OF PAKISTAN: TOWARD A DYNAMIC THEORY OF JUDICIALIZATION Maryam S. Khan I. INTRODUCTION Judicial activism in South Asia, as well as the unique form of pro-poor litigation known as ―public interest litigation‖ (PIL) on which much of it rests, has received considerable attention in recent years from both South Asian and foreign scholars. The concept of public interest law or PIL is not novel and is often instinctively traced back to the PIL phenomenon of the 1960s in the United States. In recent decades, the American practice has been a notional counterpart of public interest in courts in other constitutional systems. However, the South Asian incarnation of PIL is, in many ways, distinguishable from the Anglo-American experience. Upendra Baxi‘s early critique of the Indian Supreme Court‘s activism in the mid-1980s is the classic statement of the distinctiveness of the Indian genre of PIL. Baxi uses the term ―social action litigation‖ (SAL) to emphasize the very different historical triggers, institutional settings, and conceptual groundings of PIL in the Indian context. The * Oscar R. Ruebhausen South Asia Yale Fellow (Yale Law School), 2010. An earlier draft of this article was presented at the Annual Meeting of the Association of American Law Schools (AALS), 2014, and at the Harvard Institute for Global Law and Policy (IGLP) Workshop in Doha, Qatar, 2014. My deep appreciation to Sudha Setty and Anil Kalhan for their fervent interest in my research and for providing me the opportunity to present through proxy at the AALS due to my inability to personally attend the Annual Meeting. -
Ray of Hope: the Case of Lawyers' Movement in Pakistan
Ray of Hope: The Case of Lawyers’ Movement in Pakistan Azmat Abbas and Saima Jasam A Ray of Hope: The Case of Lawyers’ Movement in Pakistan This piece is an excerpt out of the forthcoming book of Heinrich-Boll-Stiftung (Nov 09) in the publication series on promoting Democracy under Conditions of State Fragility. Pakistan: Reality, Denial and the Complexity of its state. OUTLINE This paper dwells on one of the historic movements, namely the Lawyers‟ Movement in Pakistan. For enhanced clarity and understanding, the paper is divided into five parts respectively. 1. The first part tries to define and touch upon various social, political and non-violent movements around the World and Pakistan. 2. Part two sheds light on Pakistan‟s judicial history. 3. Part three highlights the major associated conflicts. 4. Part four reflects upon state power and the resistance offered to it. 5. Part five a concluding part focuses on the long term implications and hope for the future. References Abbreviations The author’s Profile Azmat Abbas a Masters in Political Science from the University of Punjab, Abbas spent an academic year at the prestigious Stanford University, California, as a John S. Knight Fellow 2004. He has worked at various positions with the print and electronic media for more than 15 years. He has extensively written on religions violence, militancy, terrorism, sectarian conflict and issues of governance in Pakistan. He has also produced an 11-episode documentary series titled "Madressahs or Nurseries of Terror?" in 2008. Saima Jasam is presently working with Heinrich-Boll- Stiftung, Lahore Pakistan as head of the program section. -
Genesis and Evolution of Public Interest Litigation in the Supreme Court of Pakistan: Toward a Dynamic Theory of Judicialization
_28.2_KHAN_ARTICLE 4 (DO NOT DELETE) 3/3/2015 11:48 AM GENESIS AND EVOLUTION OF PUBLIC INTEREST LITIGATION IN THE SUPREME COURT OF PAKISTAN: TOWARD A DYNAMIC THEORY OF JUDICIALIZATION Maryam S. Khan* I. INTRODUCTION Judicial activism in South Asia, as well as the unique form of pro-poor litigation known as ―public interest litigation‖ (PIL) on which much of it rests, has received considerable attention in recent years from both South Asian and foreign scholars. The concept of public interest law or PIL is not novel and is often instinctively traced back to the PIL phenomenon of the 1960s in the United States. In recent decades, the American practice has been a notional counterpart of public interest in courts in other constitutional systems. However, the South Asian incarnation of PIL is, in many ways, distinguishable from the Anglo-American experience. Upendra Baxi‘s early critique of the Indian Supreme Court‘s activism in the mid-1980s is the classic statement of the distinctiveness of the Indian genre of PIL. Baxi uses the term ―social action litigation‖ (SAL) to emphasize the very different historical triggers, institutional settings, and conceptual groundings of PIL in the Indian context. The * Oscar R. Ruebhausen South Asia Yale Fellow (Yale Law School), 2010. An earlier draft of this article was presented at the Annual Meeting of the Association of American Law Schools (AALS), 2014, and at the Harvard Institute for Global Law and Policy (IGLP) Workshop in Doha, Qatar, 2014. My deep appreciation to Sudha Setty and Anil Kalhan for their fervent interest in my research and for providing me the opportunity to present through proxy at the AALS due to my inability to personally attend the Annual Meeting. -
Political Assassinations in Pakistan with Special Reference to the Mystery of the Murder of Hayat Muhammad Khan Sherpao, 1975
Pakistan Perspectives Vol. 25, No.2, July-December 2020 Political Assassinations in Pakistan with Special Reference to the Mystery of the Murder of Hayat Muhammad Khan Sherpao, 1975 Ulfat Zahra* Abstract During Zulfiqar Ali Bhutto's term as Prime Minister, the law and order situation deteriorated throughout the country in general, and in the provinces of North- West Frontier Province (now Khyber Pakhtunkhwa) and Balochistan in particular. For multiple reasons, the mutual distrust between Zulfiqar Ali Bhutto and the political leaders of the respective provinces never allowed them to overcome their personal and party interests and establish a harmonious working relationship. Accusations of conspiracy, worsening law and order, and political assassinations, were the dilemmas that agitated the whole country. One of the victims of the political assassination was Hayat Muhammad Khan Sherpao, a leading activist of the Pakistan People's Party and former Governor of Khyber Pakhtunkhwa. The incident of his murder commenced the series of legal disputes and cases of treason filed against the opposition leaders in courts and tribunals, which marred the political scenario of the country till the very end of the Bhutto era. The lack of research on political assassinations in Pakistan is a crucial oversight, especially considering the frequency of the phenomenon and its implications. This study attempts to highlight the main theoretical and political implications of assassinations and identifies some promising directions for further research, in the hope -
Supreme Court of Pakistan Annual Report 2003
Supreme Court of Pakistan Annual Report 2003 THIS PAGE BLANK Supreme Court of Pakistan Annual Report 2003 c 2004 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan. This report can be viewed at the Supreme Court website http://www.scp.com.pk as well as at the Law and Justice Commission of Pakistan webste http://www.ljcp.com.pk. Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Tel: 051-9220483, 051-9214797 Fax: 051-9214416 email: [email protected]. Contents 1 FOREWORD BY THE CHIEF JUSTICE OF PAKISTAN 1 2 THE SUPREME COURT OF PAKISTAN 5 2.1 Introduction ........................................ 5 2.1.1 The Supreme Court of Pakistan ......................... 5 2.1.2 Construction of Phase II of Supreme Court Building at Islamabad ...... 6 2.1.3 Registry Building, Peshawar ........................... 6 2.1.4 Automation Plan ................................. 6 2.2 Jurisdiction of the Court ................................. 7 2.2.1 Original Jurisdiction ............................... 7 2.2.2 Appellate Jurisdiction .............................. 7 2.2.3 Advisory Jurisdiction ............................... 8 2.2.4 Review Jurisdiction ................................ 8 2.2.5 Appellate Jurisdiction against Judgements of Federal Shariat Court ..... 8 2.2.6 Power to Transfer Cases ............................. 8 2.2.7 Decision of the Supreme Court binding on other Courts ............ 8 2.2.8 Issue and Execution of Process of the Supreme Court ............. 9 2.2.9 Rule Making Powers ............................... 9 2.3 Role and Functions of the Chief Justice ......................... 9 2.4 Seat of the Court and Branch Registries ....................... -
View of Sales Tax, Per a Synchronized Reading of the Sindh Sales Tax on Services Act 2011 (“Act”) with the Doctrine of Mutuality
IN THE HIGH COURT OF SINDH AT KARACHI Present: Muhammad Junaid Ghaffar, J. Agha Faisal, J. CP D 7042 of 2018 : Karachi Golf Club (Private) Limited vs. Province of Sindh & Others CP D 7409 of 2018 : Karachi Club & Others vs. Province of Sindh & Another CP D 8302 of 2019 : Southend Club (Private) Limited vs. Province of Sindh & Others For the Petitioner/s : Mr. Jawaid Farooqui, Advocate Mr. Omer Akhund, Advocate Mr. Uzair Shoro, Advocate For the Respondent/s : Mr. Saulat Rizvi Assistant Advocate General Mr. Uzair Karamat Bhandari, Advocate Mr. Ghulam Murtaza Korai, Advocate Mr. Zamir Khalid, Commissioner S. Zain-ul-Abidin, Deputy Commissioner Sindh Revenue Board Date/s of hearing : 14.01.2021 & 28.01.2021 Date of announcement : 10.03.2021 JUDGMENT Agha Faisal, J. The crux of this determination is whether membership / entrance fees and subscription charges (monthly and / or annual), received by members’ clubs, from their members, fall within the purview of sales tax, per a synchronized reading of the Sindh Sales Tax on Services Act 2011 (“Act”) with the Doctrine of Mutuality. The respective petitions were heard and reserved conjunctively and shall be determined vide this common judgment. Factual context 2. The Act was promulgated post the Eighteenth Amendment to the Constitution and pursuant thereto clubs were required to collect / pay sales tax in respect of services being rendered to their members. It was inter alia pleaded1 that private members’ clubs, engaged in private recreational activity, 1 Per the prayer clause in CP D 7409 of 2018. CP D 7042 of 2018 & connected petitions. Page 2 of 15 fell outside the scope and ambit of the Act, read in conjunction with the doctrine of mutuality; hence, membership fees and subscription charges could not be considered taxable services.