Faisal Siddiqi
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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. -
Pld 2017 Sc 70)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ejaz Afzal Khan Mr. Justice Gulzar Ahmed Mr. Justice Sh. Azmat Saeed Mr. Justice Ijaz ul Ahsan Constitution Petition No. 29 of 2016 (Panama Papers Scandal) Imran Ahmad Khan Niazi Petitioner versus Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan / Member National Assembly, Prime Minister’s House, Islamabad and nine others Respondents For the petitioner: Syed Naeem Bokhari, ASC Mr. Sikandar Bashir Mohmad, ASC Mr. Fawad Hussain Ch., ASC Mr. Faisal Fareed Hussain, ASC Ch. Akhtar Ali, AOR with the petitioner in person Assisted by: Mr. Yousaf Anjum, Advocate Mr. Kashif Siddiqui, Advocate Mr. Imad Khan, Advocate Mr. Akbar Hussain, Advocate Barrister Maleeka Bokhari, Advocate Ms. Iman Shahid, Advocate, For respondent No. 1: Mr. Makhdoom Ali Khan, Sr. ASC Mr. Khurram M. Hashmi, ASC Mr. Feisal Naqvi, ASC Assisted by: Mr. Saad Hashmi, Advocate Mr. Sarmad Hani, Advocate Mr. Mustafa Mirza, Advocate For the National Mr. Qamar Zaman Chaudhry, Accountability Bureau Chairman, National Accountability (respondent No. 2): Bureau in person Mr. Waqas Qadeer Dar, Prosecutor- Constitution Petition No. 29 of 2016, 2 Constitution Petition No. 30 of 2016 & Constitution Petition No. 03 of 2017 General Accountability Mr. Arshad Qayyum, Special Prosecutor Accountability Syed Ali Imran, Special Prosecutor Accountability Mr. Farid-ul-Hasan Ch., Special Prosecutor Accountability For the Federation of Mr. Ashtar Ausaf Ali, Attorney-General Pakistan for Pakistan (respondents No. 3 & Mr. Nayyar Abbas Rizvi, Additional 4): Attorney-General for Pakistan Mr. Gulfam Hameed, Deputy Solicitor, Ministry of Law & Justice Assisted by: Barrister Asad Rahim Khan Mr. -
Mohtarma Benazir Bhutto Vs. President
Case Judgement 23/12/2020, 120 AM P L D 1998 Supreme Court 388 Present: Sajjad Ali Shah, C.J., Saleem Akhtar, Fazal Ilahi Khan, Zia Mahmood Mirza, Irshad Hasan Khan, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ Mohtarma BENAZIR BHUTTO and another---Petitioners versus PRESIDENT OF PAKISTAN and others---Respondents Constitutional Petitions Nos.58 and 59 and Civil Miscellaneous Applications Nos.805, 935, 806 and 848 of 1996, decided on 29th January, 1997, reasons released on 13th September, 1997. Per Saiiad Ali Shah, C.J.; Saleem Akhtar, Fazal Ilahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ. agreeing: Zia Mahmood Mirza, J. Contra- (a) Constitution of Pakistan (1973)--- ----Preamble & Art.239---Constitution (Eighth Amendment) Act (XVIII of 1985), Preamble---Eighth Amendment to the Constitution has come to stay in the Constitution unless it is amended in the manner prescribed in the Constitution. (b) Constitution of Pakistan (1973)--- ----Arts. 58(2)(b) & 184(3)---Dissolution of National Assembly and dismissal of Prime Minister and the Cabinet by the President under Art.58(2)(b) of the Constitution---Grounds---Validity---President, under Art.58(2)(b) of the Constitution of Pakistan (1973), in his discretion can dissolve the National Assembly where he forms opinion on the basis of material before him having nexus with the Dissolution Order and Art.58(2)(b) of the Constitution that situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and appeal to the electorate is necessary---Once the evil is identified, remedial and corrective measures within the Constitutional framework must follow---Theory of total breakdown of Constitutional machinery as the only ground for dissolution of National Assembly having been rejected in the case of Muhammad Nawaz Sharif v. -
In the Supreme Court of Pakistan (Appellate Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (APPELLATE JURISDICTION) PRESENT: MR. JUSTICE MUSHIR ALAM MR. JUSTICE FAISAL ARAB MR. JUSTICE SYED MANSOOR ALI SHAH CIVIL APPEALS NO.1113 TO 1155 OF 2017 AND CIVIL PETITIONS NO.3124, 387-P, 389-P, 392-P, 393-P, 394-P, 399-P, 400-P, 3027, 3028, 3029, 3030, 3138, 3241, 3259, 3260, 3327 AND 3411 OF 2017 AND 3385 OF 2018 (On appeal against the judgments dated 31.05.2017, 28.5.2019, 9.8.2017, 18.8.2017, 21.8.2017, 11.6.2015 passed by the Peshawar High Court, Peshawar in Writ Petition Nos. 2178-P/2015 & 2729 to 2731, 3056, 3057, 3058, 3081, 3082, 3109, 3110, 3111, 3112, 3113, 3118, 3137, 3157, 3216, 3268, 3297, 3413, 3489, 3890 of 2014, 542, 858, 885, 2160 to 2166, 2179 to 2182, 2164 to 2166, 2179 to 2198, 2210 to 2233, 2254, 2263 to 2265, 2287 to 2290, 2305, 2307, 2308, 2329, 2373, 2466 to 2468, 2533, 2556, 2558. 2575, 2576, 2589 to 2591, 2593, 2606, 2607, 2608, 2723, 2820, 2852, 2870, 3133, 3163, 3496, 3881, 3915, 3974, 4074, 4522 of 2015, 19, 165, 1415, 1757, 3569, 3849 of 2016, 1601, 1650, 1849, 3270-P, 33104-P, 3302-P, 2843-P of 2017, 2293-P, 778-A, 2232-P to 2234-P, 2427-P to 2429-P, 2472-P, 2938-P, 2939-P, 2940-P, 4300-P of 2016, 589-P, 2408-P of 2017, 3085-P/2014) AND CIVIL MISC. APPLICATIONS NO. 20, 86, 812, 813, 814, 815, 1022, 2014 OF 2020 AND 8277, 8278, 8279, 3076, 9149, 9186, 9301, 9305, 9521, 9746, 9844, 10608 OF 2019 AND 8497 OF 2018 AND 5307 & 9153 OF 2017 (Applications for Impleadment) AND CIVIL MISC. -
In the Supreme Court of Pakistan (Original
IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed Dogar Mr.Justice Muhammad Nawaz Abbasi CONSTITUTION PETITION NO.15 OF 2002 Qazi Hussain Ahmed, Ameer Jamaat-e-Islami Pakistan Mansoora, Multan Road, Lahore PETITIONER VERSUS General Pervez Musharraf, Chief Executive & another RESPONDENTS CONSTITUTION PETITION NO.17 OF 2002 High Court Bar Association Rawalpindi PETITIONER VERSUS General Pervez Musharraf, Chief Executive & others RESPONDENTS CONSTITUTION PETITION NO.18 OF 2002 Supreme Court Bar Association of Pakistan PETITIONER VERSUS General Pervez Musharraf, Chief of the Army Staff & Chief Executive & others RESPONDENTS CONSTITUTION PETITION NO.19 OF 2002 Nawabzada Nasrullah Khan, President, Alliance for Restoration of Democracy PETITIONER VERSUS The Federation of Pakistan through Secretary to the Government of Pakistan Establishment Division, Islamabad & others RESPONDENTS CONSTITUTION PETITION NO.20 OF 2002 Shahid Orakzai PETITIONER VERSUS General Pervez Musharraf, President of Pakistan & others RESPONDENTS CONSTITUTION PETITION NO.21 OF 2002 Adal Trust through its Managing Trustee Shaikh Mushtaq Ali, Advocate & another PETITIONERS VERSUS General Pervez Musharraf, Chief Executive of Pakistan & others RESPONDENTS CONSTITUTION PETITION NO.22 OF 2002 Syed Zafar Ali Shah PETITIONER -
Double Jeopardy Police Abuse of Women in Pakistan
Page 1 of 102 Double Jeopardy Police Abuse of Women in Pakistan ACKNOWLEDGEMENTS This report was written by Dorothy Q. Thomas, Director of the Women's Rights Project of Human Rights Watch. Patricia Gossman, Asia Watch South Asia Research Associate, wrote the history and U.S. policy chapters. The report was edited by Human Rights Watch Executive Director Aryeh Neier and Deputy Director Ken Roth. Michele E. Beasley, staff attorney of the Women's Rights Project and Georgetown University Law Center Women's Law and Public Policy Fellow,* provided extensive legal research and writing and helped edit and proofread the report. Dionne A. Morris, Women's Rights Project Associate, provided editing, proofreading and production assistance. The report is based on a fact-finding trip to Pakistan by Dorothy Thomas and Patricia Gossman in October 1991. Asia Watch and the Women's Rights Project gratefully acknowledge the assistance of the many people and institutions in Pakistan and in the United States who assisted us in our efforts to investigate and understand the problems faced by women in police custody in Pakistan. We would like to extend our particular thanks to human rights attorneys Hina Jilani and Asma Jahangir and the entire staff of AGHS Associates Legal Aid Cell in Lahore, Pakistan without whom this report would not have been possible. We would also like to thank advocate Zia Awan and Lawyers For Human Rights and Legal Aid in Karachi for their invaluable assistance. In addition, we gratefully acknowledge the assistance of John L. Esposito, Loyola Professor of Middle East Studies at the College of the Holy Cross, who read and commented on an early draft of the report. -
International Law Invite PDF
Supporting Sponsor Webinar Invitation Keynote Address: Current Challenges to the International Legal Order Panel Discussion: Twenty Years of the Draft articles on Responsibility of States for Internationally Wrongful Acts Friday, 16 October 2020 9:30 AM (London time) / 4:30 PM (Singapore time) / 7:30 PM (Sydney time) Register Here In a world fraught by crises such as long-drawn armed conflicts in certain regions, trade wars and COVID-19, the systems, institutions and rules of public international law are arguably no less important than they have been in the decades before. This event will commence with the keynote speakers, Sir Christopher Greenwood QC and Mr Makhdoom Ali Khan SA, two eminent personalities in public international law sharing their views on current challenges to the international legal order. The keynote address will then be followed by a panel discussion on “Twenty years of the Draft articles on Responsibility of States for Internationally Wrongful Acts”. First adopted by the International Law Commission in 2001, the draft articles are often seen as a reference point for the rules on state responsibility, and in certain circumstances, the draft articles have been said to represent customary international law. The speakers will share their thoughts on issues such as attribution, the application of the draft articles to investor-state arbitration, and what the future holds for the draft articles. AGENDA London Time Activity 9:30 AM Start of event and introduction by moderators. 9:35 AM Keynote address by Sir Christopher Greenwood QC and Mr Makhdoom Ali Khan SA on the “current challenges to the international legal order”. -
UC Berkeley UC Berkeley Electronic Theses and Dissertations
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Defining Shariʿa: The Politics of Islamic Judicial Review Permalink https://escholarship.org/uc/item/6ck2n5g3 Author Ghias, Shoaib A. Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California 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 the Supreme Court of Pakistan
IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed Dogar Mr.Justice Muhammad Nawaz Abbasi CONSTITUTION PETITION NO.15 OF 2002 Qazi Hussain Ahmed, Ameer Jamaat-e-Islami Pakistan Mansoora, Multan Road, Lahore … PETITIONER VERSUS General Pervez Musharraf, Chief Executive & another … RESPONDENTS CONSTITUTION PETITION NO.17 OF 2002 High Court Bar Association Rawalpindi … PETITIONER VERSUS General Pervez Musharraf, Chief Executive & others … RESPONDENTS CONSTITUTION PETITION NO.18 OF 2002 Supreme Court Bar Association of Pakistan … PETITIONER VERSUS General Pervez Musharraf, Chief of the Army Staff & Chief Executive & others … RESPONDENTS CONSTITUTION PETITION NO.19 OF 2002 Nawabzada Nasrullah Khan, President, Alliance for Restoration of Democracy … PETITIONER VERSUS The Federation of Pakistan through Secretary to the Government of Pakistan Establishment Division, Islamabad & others … RESPONDENTS CONSTITUTION PETITION NO.20 OF 2002 Shahid Orakzai … PETITIONER VERSUS General Pervez Musharraf, President of Pakistan & others … RESPONDENTS CONSTITUTION PETITION NO.21 OF 2002 Adal Trust through its Managing Trustee Shaikh Mushtaq Ali, Advocate & another … PETITIONERS VERSUS General Pervez Musharraf, Chief Executive of Pakistan & others … RESPONDENTS CONSTITUTION PETITION NO.22 OF 2002 Syed Zafar -
TABLE of CONTENTS Page Number
1 TABLE OF CONTENTS Page Number 1. Foreword 3 2. Introduction 4 3. Law and Justice Commission & National Judicial (Policy Making) Committee 5 3.1. The Statutes 5 3.2. Functions 5 3.3. Composition 6 3.4. Library & Computerization 7 3.5. Bio data of Members 8 3.6. Commission’s Secretariat 20 4. Performance of the Commission and NJPMC in 2007 21 4.1. The National Judicial Conference 2007 21 4.2. Objective of Conferences 22 4.3. Themes 22 4.4. Participants 33 4.5. Conference Declaration & Recommendations 33 4.6. Declaration 34 5. Law & Justice Commission of Pakistan 39 5.1. Activities of Law & Justice Commission of Pakistan during the year, 2007 39 6. National Judicial (Policy Making) Committee 50 6.1. Meeting of the National Judicial (Policy Making) Committee held on 23rd June 50 2007 at Islamabad 6.2. Meeting of the National Judicial (Policy Making) Committee held on 8th 54 September, 2007 at Islamabad 7. AJDF Workshops 59 7.1. Key Recommendations 63 8. AJDF Projects Summary 67 8.1. Detail of investment of Access to Justice Development Fund till 2007 68 8.2. Detail of the Projects in First Phase 69 8.3. Province wise detail of the projects received 70 8.4. Detail of the Projects in 2nd Phase 71 8.5. District Wise achievement in all over Pakistan in the 2nd Phase Access to 09 72 district 8.6. Detail of projects under process 72 8.7. Activities of Secretariat of the Commission 73 8.8. Implementation of Recommendation 79 9. -
Quaid-I-Azam University Parliamentary Democracy
QUAID-I-AZAM UNIVERSITY PARLIAMENTARY DEMOCRACY IN PAKISTAN: 1988-1999 A DISSERTATION SUBMITTED TO THE FACULTY OF SOCIAL SCIENCES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY QURAT-UL-AIN BASHIR ISLAMABAD, PAKISTAN SPRING 2015 CANDIDATE’S DECLARATION I hereby declare that the dissertation presently submitted bearing the title “Parliamentary Democracy in Pakistan: 1988-1999” is the result of my own research and has not been submitted to any other institution for any other degree. Qurat-ul-Ain Bashir Ph. D. Candidate SUPERVISOR’S DECLARATION I hereby declare that the Ph. D. Candidate Qurat-ul-Ain Bashir (Reg. No. 03120813002) has completed her dissertation titled “Parliamentary Democracy in Pakistan: 1988-1999” under my supervision. I recommend it for submission in candidacy for the degree of Doctor of Philosophy in History. Prof.Dr. Javed Haider Syed Dedicated to the innocence of poor people of Pakistan, who are victims in the hands of power players, who struggle for democracy but celebrate the takeover by army A house divided against itself cannot stand. Ballots are the rightful and peaceful successors to bullets. Abraham Lincoln Source: “Abraham Lincoln Quotes - BrainyQuote”. http://www.brainyquote.com/quotes/authors/a/abraham_lincoln.html[Accessed on: December 24, 2011] CONTENTS LIST OF ILLUSTRATIONS VIII LIST OF SHORT NAMES FOR IMPORTANT PERSONALITIES IX-X ACKNOWLEDGEMENTS XI-XII ABBREVIATIONS XIII-XVIII GLOSSARY XIX-XXI ABSTRACT XXII Chapter 1 Introduction 1-27 Chapter 2 Pakistan under 1947-1988: Challenges 28-72 Chapter -
IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: MR. JUSTICE SH. AZMAT SAEED MR. JUSTICE MUSHIR ALAM MR. JUSTICE MAQBOOL BAQAR MR. JUSTICE SARDAR TARIQ MASOOD MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL CONSTITUTION PETITION NO.29 OF 2017 AND CIVIL MISC. APPLICATION NO.7669 OF 2017 IN CONSTITUTION PETITION NO.29 OF 2017 AND CONSTITUTION PETITION NO.36 OF 2017 AND CIVIL MISC. APPLICATION NO.9965 OF 2017 IN CONSTITUTION PETITION NO.36 OF 2017 Const.P.29/2017 Justice Shaukat Aziz Siddiqui Vs. Federation of Pakistan through Secretary Law and Justice, Islamabad CMA.7669/2017 in Justice Shaukat Aziz Siddiqui Vs. Const.P.29/2017 Federation of Pakistan through Secretary Law and Justice, Islamabad Const.P.36/2017 Mr. Justice Muhammad Farrukh Irfan Khan Vs. Federation of Pakistan through Secretary Law and Justice, Islamabad and another CMA.9965/2017 in Mr. Justice Muhammad Farrukh Const.P.36/2017 Irfan Khan Vs. Federation of Pakistan through Secretary Law and Justice, Islamabad and another For the Petitioner (s) : Mr. Muhammad Makhdoom Ali (in Const.29/2017) Khan, Sr. ASC Mr. Hamid Khan, Sr. ASC Mr. M.S. Khattak, AOR Const.P.29 of 2017, etc. 2 For the Petitioner (s) : Mr. Hamid Khan, Sr. ASC (in Const.P.36/2017) Mr. Hassan Irfan, ASC assisted by Mr. Ajmal Toor, Advocate & Ms. Khadija Yasmin Bokhari, Advocate On Court Notice on : Mr. Ashtar Ausaf Ali, behalf of Federation Attorney General for Pakistan assisted by Barrister Asad Rahim Khan, Advocate and Mirza Moiz Baig, Advocate Mirza Nassar, DAG Amicus Curie : Mr. Shahid Hamid, Sr.