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State Responses to Honour Killings
CONTENTS TIIVISTELMÄ .....................................................................................V ABBREVIATIONS............................................................................... X 1 INTRODUCTION.................................................................................................1 1.1 DEFINING AND CONTEXTUALISING HONOUR KILLINGS ....................................4 1.2 WHY ‘HONOUR KILLINGS’? SOME TERMINOLOGICAL REMARKS AS TO HONOUR AND PASSION ................................................................................................9 1.3 AIM AND STRUCTURE OF THE STUDY.............................................................13 2 STATE RESPONSES TO HONOUR KILLINGS .........................................15 2.1 LEGISLATION, LAW ENFORCEMENT AND ADJUDICATION RELEVANT TO HONOUR KILLINGS.....................................................................................................15 2.1.1 Codified means for mitigating penalties in honour killing cases................16 2.1.1.1 Discriminatory provisions relating to provocation and extenuating circumstances...................................................................................................16 2.1.1.2 The Qisas and Diyat Ordinance of Pakistan ........................................19 2.1.2 Discriminatory application of general provocation and extenuating circumstances provisions .....................................................................................21 2.1.3 Honour killings and the impact of culture, traditions and customs -
Reforming the Judiciary in Pakistan
REFORMING THE JUDICIARY IN PAKISTAN Asia Report N°160 – 16 October 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. BACKGROUND................................................................................................................ 3 A. ISLAMISING THE POLITY ..............................................................................................................3 B. VALIDATING MILITARY INTERVENTIONS .....................................................................................3 C. DEMOCRATIC TRANSITION AND JUDICIAL REFORM......................................................................5 III. ISLAMISING THE LEGAL SYSTEM: INSTITUTIONALISED DISCRIMINATION.......................................................................................................... 6 A. THE BLASPHEMY LAW.................................................................................................................6 B. TARGETING AHMADIS..................................................................................................................8 C. WOMEN AND THE HUDOOD ORDINANCES ..................................................................................10 D. THE FEDERAL SHARIAT COURT .................................................................................................11 IV. RESTORING THE RULE OF LAW ........................................................................... -
Aurat Foundation
ResearchedMaliha Zia and Written By Pakistan NGO Alternative Report Riffat Butt onExecutive CEDAW Summary– 2005-2009 (With Updated Notes - 2009-2012) Articles 1 – 4: ReviewedNeelam Hussain By Naeem Mirza Definition of Discrimination; Policy Measures Nasreen Azhar to be undertaken to Eliminate Discrimination; Guarantee of Younas Khalid Basic Human Rights and Fundamental Freedoms on an Equal ArticleBasis with 5: Men; Temporary Special Measures to Achieve ArticleEquality 6: Article 7: Sex Roles and Stereotyping Article 8: Trafficking and Prostitution Data Input by Aurat Article 9: Political and Public Life Foundation’s Team Participation at the International Level Article 10: Mahnaz Rahman, Rubina Brohi Nationality Article 11: (Karachi), Nasreen Zehra, Article 12: Equal Rights in Education Ume-Laila, Mumtaz Mughal, Article 13: Employment (Lahore), Shabina Ayaz, Article 14: Healthcare and Family Planning Saima Munir (Peshawar), Economic, Social & Cultural Benefits Haroon Dawood, Saima Javed Article 15: (Quetta), Wasim Wagha, Rural Women Article 16: Rabeea Hadi, Shamaila Tanvir, General RecommendationEquality before the 19: Law Farkhanda Aurangzeb, Myra Marriage and Family Imran (Islamabad) Violence against Women ChaptersImplementing Contributed CEDAW By in Pakistan DemocracyBy Tahira Abdullah and Women’s Rights: Pakistan’s Progress (2007-2012) Decentralization,By Ayesha Khan 18th Constitutional Amendment and Women’s Rights MinorityBy Rubina WomenSaigol of Pakistan: A Case of Double Jeopardy By Peter Jacob and Jennifer Jag Jewan Prepared By ii ThisAll publication rights is provided reserved gratis or sold, subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than in which it is published and without a similar condition being imposed on the subsequent publisher. -
NEWS and EVENTS News and Reports Amnesty Film Festival
Member Center | Student Center NEWS AND EVENTS Home > News and Events > News and Reports News and Reports PAKISTAN Amnesty Film INSUFFICIENT PROTECTION OF WOMEN Festival government of Pakistan vigorously condemns the p Annual General 1. INTRODUCTION Meeting Regional For years, women in Pakistan have been severely disadvantaged and discriminated against. Conferences They have been denied the enjoyment of a whole range of rights - economic, social, civil and political rights and often deprivation in one of these areas has entailed discrimination in Leadership Summit another. Women who have been denied social rights including the right to education are also Local Events often denied the right to decide in matters relating to their marriage and divorce, are more easily abused in the family and community and are more likely to be deprived of the right to Nationwide Events legal redress. Often abuses are compounded; poor girls and women are trafficked and subject to forced marriage, forced prostitution or exploitative work situations such as bonded labour. In all of these situations they are likely to be mentally, physically and sexually abused, again without having the wherewithal to obtain justice.(1) Since publishing its 1999 report, Pakistan: Violence against women in the name of honour(2), Amnesty International has found that while few positive changes have taken place in the area of women's rights, the state in Pakistan still by and large fails to provide adequate protection for women against abuses in the custody of the state and in the family and the community. In fact, the number of victims of violence appears to rise. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
Annual Report 2011
2012-14 ANNUAL REPORT Law and Justice Commission of Pakistan, Supreme Court Building, Constitution Avenue, Islamabad THE ANNUAL REPORTS ARE ALSO AVAILABLE ON THE COMMISSION’S WEBSITE. FOR FURTHER INFORMATION, PLEASE CONTACT THE COMMISSION’S SECRETARIAT AT THE FOLLOWING ADDRESS: LAW AND JUSTICE COMMISSION OF PAKISTAN SUPREME COURT BUILDING CONSTITUTION AVENUE ISLAMABAD, PAKISTAN TEL: 092-51-9208752 FAX: 092-51-9214797 092-51-9214416 EMAIL: [email protected] WEBSITE: www.ljcp.gov.pk TABLE OF CONTENTS S. # CONTENTS PAGE NUMBER Foreword Introduction 1. Profiles of Chairmen and Members of Law and Justice Commission 6 of Pakistan 1.1 Mr. Justice Iftikhar Muhammad Chaudhry, 6 Chief Justice of Pakistan 1.2 Mr. Justice Tassaduq Hussain Jillani, 9 Chief Justice of Pakistan 1.3 Mr. Justice Nasir-ul-Mulk 17 Chief Justice of Pakistan 1.4 Mr. Justice Agha Rafiq Ahmed Khan 18 Chief Justice, Federal Shariat Court 1.5 Mr. Justice Sardar Muhammad Raza 20 Chief Justice, Federal Shariat Court 1.6 Mr. Justice Sh. Azmat Saeed 21 Chief Justice, Lahore High Court 1.7 Mr. Justice Mushir Alam 22 Chief Justice, High Court of Sindh 1.8 Mr. Justice Dost Muhammad Khan 23 Chief Justice, Peshawar High Court 1.9 Mr. Justice Umar Ata Bandial 24 Chief Justice, Lahore High Court 1.10 Mr. Justice Qazi Faez Isa 25 Chief Justice, High Court of Balochistan 1.11 Mr. Justice Maqbool Baqar, 26 Chief Justice, High Court of Sindh 1.12 Mr. Justice Mian Fasih-ul-Mulk 27 Chief Justice, Peshawar High Court 1.13 Mr. Justice Muhammad Anwar Khan Kasi 28 Chief Justice, Islamabad High Court 1.14 Mr. -
Disclaimer: the Views and Opinions Expressed In
Disclaimer: The views and opinions expressed in this paper are those of the authors and do not necessarily reflect the official policy or position of the Legal Aid Society, DAI Pakistan or the Foreign Commonwealth Office. The contents of this Research Paper are the exclusive Intellectual Property of the Legal Aid Society and any unauthorized reproduction, distribution, modification, use, or transmission of this work in any form or by any means, including photocopying or through any other electronic or mechanical methods is illegal and will constitute infringement of such Intellectual Property Rights. The Legal Aid Society shall be identified as the copyright owner on any authorized reproduction, distribution, use or transmission of this work. Rights? What Rights? An Analysis of Emerging Human Rights from Constitutional Case Law in Pakistan Maliha Zia is an Advocate High Court with an LLM in International Protection of Human Rights from School of Oriental and African Studies (University of London), London. She is a researcher, trainer, legislative drafter and an Advocate, consulting on gender, law, religious minorities and human rights. She can be contacted at [email protected] Barrister Aiyan Bhutta is an Advocate High Court and a Barrister-at-Law from Lincoln’s Inn. He is a practicing lawyer specializing in the field of criminal law. Apart from undertaking criminal trials, Aiyan regularly represents individuals in Criminal Appeals before the High Courts of Pakistan. Moreover, Aiyan also has experience training different actors within the criminal justice system in areas such as international human rights law, laws relating to women and minorities along with research and advocacy skills. -
Simorgh Annual Report 2007
Annual Report Simorgh Women’s Resource and Publication Centre 2007 Contents Page 1. Asia Pacific Advisory Forum on Judicial Education on Equality Issues – the next five year plan. 2. Bayan – a regional socio-legal journal 3 1.a Spreading the Word: The Najma Sadeque Lectures 3 3. The World Court (AWHRC-Simorgh) 5 4. The Lahore Walled City Project: Planting the Seeds of Change III 6 5. Women’s Empowerment in Muslim Contexts 15 6. Asia-Pacific Advisory Forum for Judicial Education on Equality Issues 15 7. Kaleidoscope and Phuljhari Primers: Planting the Seeds of Change I 17 8. Publications 17 9. Conference and Publication Project 18 10. Simorgh Diary 18 11. Earthquake Relief 18 Year in Review Along with ongoing and new activities, this has been a year for planning for the future. The ongoing activities fall into two categories, viz non-funded and to a degree self- sustaining, and those that have funds to sustain them. The Human Rights School Texts Project: Planting the Seeds of Change I, comprising the Kaleidoscope Primers (English) and Phuljhari (Urdu) and the socio-legal journal, Bayan fall in the former category; in the latter there is the Lahore Walled City Project and the Pathways research project. 2007 has also been a year of activism. The summary dismissal of the Chief Justice of Pakistan by General Musharaf triggered of the Lawyers Movement Continuing with its policy to maintain its focus on awareness-raising, with one critical exception of the Lahore Walled City Project: Planting the Seeds of Change III, the bulk of Simorgh’s work in 2006 has also been with the production and dissemination of information. -
3082947.PDF (4.168Mb)
INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMi films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. ProQuest Information and Learning 300 North Zeeb Road, Ann Arbor, Ml 48106-1346 USA 800-521-0600 UMI UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE KARO KARI (HONOR KILLING) IN PAKISTAN: A HERMENEUTIC STUDY OF VARIOUS DISCOURSES A Dissertation SUBMITTED TO THE GRADUATE FACULTY In partial fulfillment of the requirements for the Doctor of Philosophy By AMIRH. JAFRI Norman, Oklahoma 2003 UMI Number: 3082947 UMI' UMI Microform 3082947 Copyright 2003 by ProQuest Information and Learning Company. Ail rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 © Copyright by AMIR H. -
The Zina Hudood Ordinance</Em>
Journal of International Women's Studies Volume 7 | Issue 2 Article 5 Nov-2005 Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women Rahat Imran Follow this and additional works at: http://vc.bridgew.edu/jiws Part of the Women's Studies Commons Recommended Citation Imran, Rahat (2005). Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women. Journal of International Women's Studies, 7(2), 78-100. Available at: http://vc.bridgew.edu/jiws/vol7/iss2/5 This item is available as part of Virtual Commons, the open-access institutional repository of Bridgewater State University, Bridgewater, Massachusetts. This journal and its contents may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. ©2005 Journal of International Women’s Studies. Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women By Rahat Imran1 Abstract During recent decades the women of Pakistan have been the most vulnerable and convenient targets of social, domestic and sexual violence. This paper will examine the trend of sexual violence against women that emerged in Pakistan with the introduction of the Islamization process through the implementation of the Sharia laws since1979. The paper's main focus will be on rape and the state legislation that governs it, namely the Zina Hudood Ordinance of 1979 and the Law of Evidence of 1984, and how the gender- discriminatory nature of these laws serves as a powerful weapon in the hands of the patriarchal society of Pakistan to subjugate women. -
The Judicialization of Politics in Pakistan: the Supreme Court After The
Osama Siddique, Judicialization of Politics: Pakistan Supreme Court‟s Jurisprudence after the Lawyers‟ Movement, in UNSTABLE CONSTITUTIONALISM: LAW AND POLITICS IN SOUTH ASIA (Mark Tushnet and Madhav Khosla eds., New York: Cambridge University Press) (forthcoming in 2015) (Please do no reproduce or circulate without the author‘s permission) The Judicialization of Politics in Pakistan: The Supreme Court after the Lawyers’ Movement Introduction Contemporary literature on the judicialization of politics highlights its global expansion across a vast range of legal jurisdictions. It traces the ―spread of legal discourse, jargon, rules and procedures into the political sphere and policy-making fora and processes,‖ as well as ―the expansion of the province of courts and judges in determining public policy outcomes, mainly through administrative review, judicial redrawing of bureaucratic boundaries between state organs, and ―ordinary‖ rights jurisprudence.‖1 At the same time, it underlines the emergence of a third and interrelated class of judicialization of politics, the ―reliance on courts and judges for dealing with what we might call ‗mega-politics:‘ core political controversies that define (and often divide) whole polities.‖2 Pakistan‘s contemporary constitutional jurisprudence furnishes a significant case study for the sustained escalation of this latest and most controversial brand of judicialization of politics. This Chapter analyzes the background reasons for and the distinctive nature of the contemporary engagement of Pakistani judges in mega-politics as well as that engagement‘s complex implications for democratic politics and the institutional balance of power. It also endeavors to explore the essential links between such judicialization and the persistence of unstable constitutionalism in the country. -
High Court of Sindh Annual Report 2003
High Court of Sindh Annual Report 2003 NATIONAL JUDICIAL POLICY MAKING COMMITTEE THIS PAGE BLANK High Court of Sindh 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 1 2 INTRODUCTION 3 2.1 History of the High Court of Sindh ........................... 3 2.2 The High Court of Sindh at Present ........................... 4 2.3 The Principal Seat of the High Court and Court Buildings .............. 4 2.4 Jurisdiction ........................................ 5 2.4.1 Original Jurisdiction ............................... 5 2.4.2 Appellate Jurisdiction .............................. 5 2.4.3 General ...................................... 5 2.4.4 Other Courts ................................... 5 Civil. ........................................ 5 Criminal. ..................................... 5 Special Courts and Tribunals. .......................... 6 2.5 List of Judges ....................................... 6 2.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice High Court of Sindh .. 8 2.7 Judges of the High Court of Sindh ............................ 10 3 THE HIGH COURT OF SINDH—JUDICIAL ACTIVITY 25 3.1 Consolidated Statistics for the High Court of Sindh .................. 25 3.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2003 show- ing Institution, Disposal and Pending Balance of Cases ...........