Cover
The Islamization of the Law in Pakistan
Title Page
Copyright Page
Original Title Page
Original Copyright Page
Table of Contents
Preface
Acknowledgements
1: Theoretical Framework: Islamization and an Inconsistent and Unstable Legal System in a Peripheral Capitalist State
1.1 Introduction
1.2 Pre-British Muslim Rule in India
1.3 Anglo-Muhammadan Law
1.4 The Structure of the Pakistani State
1.5 Law and Ideology in Pakistan
1.6 Islamic Revivalism in Pakistan
1.7 The Islamization of the Law in Pakistan: Instability and Inconsistency and Other General Features
1.8 Islamization of the Law and Anglo-Muhammadan Law
1.9 Legal Pluralism
1.10 Social Reforms Through Law
1.11 Development of Islamic Law in Pakistan
1.12 Conclusion
2: Islamic Provisions in the Constitutions of Pakistan
2.1 Introduction
2.2 The Objectives Resolution
2.3 The Constitution of 1956 and its Islamic Provisions
2.4 The Constitution of 1962 and its Islamic Provisions
2.5 Islamic Provisions in the Constitution of 1973
2.6 Revival of the Constitution Order, 1985 and Islamic Provisions
2.7 Conclusion
3: Criminal Law
3.1 Introduction
3.2 Offences against Property (Enforcement of Hudood) Ordinance, VI, of 1979
3.3 Offence of Zina (Enforcement of Hudood) Ordinance, 1979
3.4 Offence of Qazf (Enforcement of Hadd) Ordinance, VIII, of 1979
3.5 The Prohibition (Enforcement of Hadd) Order, 1979
3.6 The Execution of the Punishment of Whipping Ordinance, 1979
3.7 Law of Evidence
3.8 Amendment to the Pakistan Penal Code (XLV of 1860) for Derogatory Remarks Against the Prophet of Islam, His Family and Quran
3.9 Draft Ordinance Relating to the Law of Qisas and Diyat
3.10 Conclusion
4: Family Law
4.1 Introduction
4.2 Registration of Marriage
4.3 Polygamy
4.4 Divorce
4.5 Women's Rights of Divorce in Pakistan
4.6 Maintenance
4.7 Dower (mahr)
4.8 Inheritance
4.9 Arranged Marriage /Child Marriage
4.10 Dowry
4.11 Failure of the Muslim Family Laws Ordinance, 1961
4.12 Challenges to the Muslim Family Laws Ordinance, 1961
4.13 Conclusion
5: The Procedure Used in the Islamization of the Law
5.1 Introduction
5.2 Institutions for Islamization
5.3 Conclusion
6: Conclusion
7: Postscript
Notes
Works Cited
Glossary
Table of Abbreviations
Table of Cases
Appendix I: Survey Conducted Among Lawyers
Appendix II: Text of Qisas & Diyat Ordinance, 1990; Criminal Law (2nd Amendment) Ordinance, 1990
Appendix III: Text of Enforcement of Shari'ah Act, 1991