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Family Laws in Pakistan
This book provides the latest and updated account of the principles and practices of family laws in Pakistan. It is primarily based on the latest case law and statutes. The authors not only present systemically organised case law but also critically evaluate the leading judicial precedents.Various chapters of the book cover general principles of family law, demonstrate their application based on the facts of each case, trace patterns of developments in case law, rationalise conflicting judicial authorities, and propose law reform, wherever required. This is the first book that takesinto account personal laws of non-Muslims in Pakistan and covers the important issue of the conflict of personal laws.
Democracy Under God
"The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi also show that Islam has not only been popularly demanded and introduced into constitutions during periods of 'democratisation' and 'modernisation', but also that constitutional Islamisation has frequently been accompanied by an expansion in constitutional human rights"--
Democracy under God
The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.
Governing Islam
Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.
Charity in Saudi Arabia
An innovative study of charity practices in Saudi Arabia, focusing on ordinary Saudis who provide charity to the poor and needy.
Charities in the Non-Western World
This book looks at the operation of indigenous charities at a regional, localised and global level. Chapters focus on the adaptation, accountability and operation of charities across a wide range of jurisdictions from China to Indonesia, Thailand, Iran, South Africa, Sri Lanka, Lebanon and Turkey. It examines the ownership, participation and accountability of charities in a regional, localised and international context, and draws on the experiences and operation of charities. By presenting a cross-disciplinary exploration of the operation of charities, the book offers an interesting insight into the functioning and identification of the influencing factors impacting the operation of charities.
The Occupation of Iraq: Volume 2
The invasion and occupation of Iraq rank among the most controversial and complex issues in international law in recent history. This volume of documents covers the occupation of Iraq from the planning stages of the invasion of Iraq in early 2002 to the transfer of governing authority to the Iraqi Interim Government on 28 June 2004. The book presents 595 selected documents including the first complete set of all Regulations, Orders, Memoranda and Public Notices issued by the US-led occupation administration of Iraq, the Coalition Provisional Authority (CPA), several of which were never published on the CPA`s website or promulgated in Alwaqai Aliraqiya, the Official Gazette of Iraq. Some of t...
Toward the Reform of Private Waqfs
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Courts that Matter
A comparative study of Colombian and Argentine high courts that examines the differing impacts of landmark socioeconomic rights rulings.
Rediscovery and Revival in Islamic Environmental Law
For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.
