Dr Abbasi completed DPhil at Oxford University, LL.M (Corporate Governance) at Manchester University and B.A LL.B (Hons) at International Islamic University Islamabad. He practiced law for several years before joining academia. He has published widely in the fields of Islamic family law and corporate law. His main area of interest lies in organisational law which intersects various institutions such as families, corporations, trusts, markets, and states. Trained as a lawyer and legal historian, Dr Abbasi has conducted research on the formation of Muslim Personal Law in British India. His current research project explores the contribution of the Federal Shariat Court and the Shariat Appellate Bench, Supreme Court in the application and development of Islamic Jurisprudence. He is the Associate Editor of the Yearbook of Islamic and Middle Eastern Law and an Editor for the Harvard Law School project SHARIAsource.
The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intellig... more The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intelligence (AI), enabling rapid and efficient generation of qualitative content. In the legal sector, this has led to augmented lawyering," where AI tools enhance lawyers' capabilities, transforming how legal services are delivered. However, the notion of "augmented judging"-using AI to support judicial decision-making-has been met with cautious acceptance. This hesitance stems largely from a trust deficit surrounding AI, given its relatively recent introduction to such critical roles.
Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judic... more Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judicial divorce (khul') under Islamic family law in 1959. In contemporary Pakistan, Muslim women have the unilateral right to dissolve their marriages through summary court procedure. This has been made possible because of the gradual changes in case law and procedural law stretching over more than half a century. Despite questioning the validity of state-enforced Islamic divorce law on the basis that it is not in line with classical Islamic law (sharī'ah/fiqh), traditional 'ulamā' (religious scholars) accept the validity of court decrees of the dissolution of marriage based on khul'. As a result, the validity of judicial khul' under Islamic law is well established in Pakistan. This shows that the judges of the superior courts act as final arbiters by determining the binding interpretation of the Qur'ān and sunnah and the same has been approved by the 'ulamā'. Keywords no-fault judicial divorce (khul'), traditional 'ulamā', judges of superior courts, final arbiters.
The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporate... more The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.
This study investigates the transformative impact of artificial intelligence (AI) on expertise, a... more This study investigates the transformative impact of artificial intelligence (AI) on expertise, authority, and authenticity within the realms of Sharia. The paper explores how AI affects the traditional role, authority and status of jurists within the framework of Sharia. By examining the transformative potential of artificial intelligence (AI), the study seeks to unravel the ways in which information made accessible by artificial intelligence (AI) may alter the societal understanding of authorship and authenticity, authority and expertise, reason, and responsibility in the context of Sharia. The specific focus of this study is on the evaluation of the accuracy and efficiency of online inheritance calculators, which have rendered one of the most complex and crucial areas of Sharia easily accessible to general public. For this purpose, the leading online inheritance calculators are assessed for their accuracy in providing answers to various propositions under different schools within Sunni and Shia Islam. This examination sheds light on the complex dynamics between technology and the traditional roles of jurists in the realm of Sharia. The primary objective of this study is to assess the impact of artificial intelligence (AI) on the traditional understanding of understanding of authenticity, authority and expertise within the context of Islamic jurisprudence.
The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements t... more The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements to the field of artificial intelligence (AI), offering faster and more efficient generation of qualitative data. AI's implementation in legal services has led to the emergence of "augmented lawyering," transforming the human dimensions of legal services by enhancing the capabilities of lawyers who utilize AI-enabled tools in their professional work. However, the utilization of AI for "augmented judging," aiming to enhance the capacities of judges, has faced a lukewarm response. This reaction can be attributed primarily to the inherent trust deficit associated with AI as a relatively novel technology. The use of ChatGPT-generated content in a judgment by a district court judge in Pakistan triggered immediate and mixed reactions. While technology enthusiasts welcomed the integration of AI in adjudication, especially for its potential to generate fast and efficient qualitative content, others expressed concerns about its usage without adequate safeguarding mechanisms. This paper examines the reactions to the judgment that incorporated ChatGPT-generated content within the context of existing literature on transparency, accountability, and trustworthiness of AI in adjudication. The research highlights the importance of establishing robust safeguarding mechanisms to mitigate the risks associated with AI in adjudication. These mechanisms encompass guidelines, regulations, and standards governing the deployment, usage, and evaluation of AI systems in the legal domain. By addressing the trust deficit and implementing effective safeguards, the legal community can leverage AI's potential for enhanced qualitative content generation while upholding the integrity and fairness of the adjudicatory process.
The role of Islam is widely debated in the constitutional systems of many Muslim majority states.... more The role of Islam is widely debated in the constitutional systems of many Muslim majority states. The constituent elements of Islamic constitutionalism such as sovereignty of God, consultation, consent, and public interest can be employed to design a variety of governments. In reality, particular historical contexts of Muslim majority states determine the role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.
Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus o... more Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus of the Hanafi school. It was a compendium of the Hanafi authoritative rulings. At the behest of the Mughal Emperor, Aurangzeb ‘Alamgir, a board of jurists from various parts of India worked jointly to produce this compendium of Hanafi fiqh. It closely followed the Hanafi legal tradition by adopting the scheme of chapters of the famous Hanafi treatise, the Hidayah and contributed to the legal literature by including various chapters on legal practice and procedural law. The analysis of the contents of al-Fatawa al-‘Alamgiriyyah and contemporary historical evidence suggests that it performed the functions of a legal code in the historical context in which it was compiled though it was not the exclusive source of legal norms in the administrative structure of the Mughal Empire.
This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islam... more This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islamic Law and Empire’, which was held at Harvard Law School between 1–3 June 2015. The conference explored a series of new, and interdisciplinary, theoretical approaches to law and Empire broadly relating to the Islamic legal tradition and both historical and contemporary Islamicate societies. Studies of Empire, as a mode of governance, a trans-historical reality and an enduring legacy of European colonialism, continue to generate an influential body of academic literature. Yet, accounts of multiple Muslim and non-Muslim imperial reformulations of Islamic legality and their lasting legacies in local, regional and international legal domains are still relatively few. The goal of this special issue is to generate a range of stimulating discussions on law and Empire in the Muslim world, with a particular focus on theoretical meeting points between the studies in history, politics, sociology an...
... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of th... more ... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of the World. The Ascent of Money: A Financial History of the World. ...
Under classical Islamic family law, a husband has the right to enter into a maximum of four marri... more Under classical Islamic family law, a husband has the right to enter into a maximum of four marriages at a time. State regulation under the Muslim Family Laws Ordinance 1961 (MFLO), however, has restricted such privilege of husbands by requiring them to get permission for their polygamous marriages from the Union Council based on valid reason. Failure to do so is a criminal offence liable to punishment including imprisonment and fine. In addition to surveying the statutes and case law on the regulation of polygamy, this paper analyzes the impact of second marriage of parents on their right to the custody of children. Based on this analysis, we argue that the official Muslim family law in Pakistan prefers monogamy not only by regulating polygamous marriages, but also by denying the right of custody of children to polygamous husbands.
There have been three cases since 1990 about the new law of maintenance of a wife during marriage... more There have been three cases since 1990 about the new law of maintenance of a wife during marriage and maintenance of children.
In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for ... more In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.
The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intellig... more The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intelligence (AI), enabling rapid and efficient generation of qualitative content. In the legal sector, this has led to augmented lawyering," where AI tools enhance lawyers' capabilities, transforming how legal services are delivered. However, the notion of "augmented judging"-using AI to support judicial decision-making-has been met with cautious acceptance. This hesitance stems largely from a trust deficit surrounding AI, given its relatively recent introduction to such critical roles.
Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judic... more Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judicial divorce (khul') under Islamic family law in 1959. In contemporary Pakistan, Muslim women have the unilateral right to dissolve their marriages through summary court procedure. This has been made possible because of the gradual changes in case law and procedural law stretching over more than half a century. Despite questioning the validity of state-enforced Islamic divorce law on the basis that it is not in line with classical Islamic law (sharī'ah/fiqh), traditional 'ulamā' (religious scholars) accept the validity of court decrees of the dissolution of marriage based on khul'. As a result, the validity of judicial khul' under Islamic law is well established in Pakistan. This shows that the judges of the superior courts act as final arbiters by determining the binding interpretation of the Qur'ān and sunnah and the same has been approved by the 'ulamā'. Keywords no-fault judicial divorce (khul'), traditional 'ulamā', judges of superior courts, final arbiters.
The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporate... more The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.
This study investigates the transformative impact of artificial intelligence (AI) on expertise, a... more This study investigates the transformative impact of artificial intelligence (AI) on expertise, authority, and authenticity within the realms of Sharia. The paper explores how AI affects the traditional role, authority and status of jurists within the framework of Sharia. By examining the transformative potential of artificial intelligence (AI), the study seeks to unravel the ways in which information made accessible by artificial intelligence (AI) may alter the societal understanding of authorship and authenticity, authority and expertise, reason, and responsibility in the context of Sharia. The specific focus of this study is on the evaluation of the accuracy and efficiency of online inheritance calculators, which have rendered one of the most complex and crucial areas of Sharia easily accessible to general public. For this purpose, the leading online inheritance calculators are assessed for their accuracy in providing answers to various propositions under different schools within Sunni and Shia Islam. This examination sheds light on the complex dynamics between technology and the traditional roles of jurists in the realm of Sharia. The primary objective of this study is to assess the impact of artificial intelligence (AI) on the traditional understanding of understanding of authenticity, authority and expertise within the context of Islamic jurisprudence.
The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements t... more The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements to the field of artificial intelligence (AI), offering faster and more efficient generation of qualitative data. AI's implementation in legal services has led to the emergence of "augmented lawyering," transforming the human dimensions of legal services by enhancing the capabilities of lawyers who utilize AI-enabled tools in their professional work. However, the utilization of AI for "augmented judging," aiming to enhance the capacities of judges, has faced a lukewarm response. This reaction can be attributed primarily to the inherent trust deficit associated with AI as a relatively novel technology. The use of ChatGPT-generated content in a judgment by a district court judge in Pakistan triggered immediate and mixed reactions. While technology enthusiasts welcomed the integration of AI in adjudication, especially for its potential to generate fast and efficient qualitative content, others expressed concerns about its usage without adequate safeguarding mechanisms. This paper examines the reactions to the judgment that incorporated ChatGPT-generated content within the context of existing literature on transparency, accountability, and trustworthiness of AI in adjudication. The research highlights the importance of establishing robust safeguarding mechanisms to mitigate the risks associated with AI in adjudication. These mechanisms encompass guidelines, regulations, and standards governing the deployment, usage, and evaluation of AI systems in the legal domain. By addressing the trust deficit and implementing effective safeguards, the legal community can leverage AI's potential for enhanced qualitative content generation while upholding the integrity and fairness of the adjudicatory process.
The role of Islam is widely debated in the constitutional systems of many Muslim majority states.... more The role of Islam is widely debated in the constitutional systems of many Muslim majority states. The constituent elements of Islamic constitutionalism such as sovereignty of God, consultation, consent, and public interest can be employed to design a variety of governments. In reality, particular historical contexts of Muslim majority states determine the role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.
Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus o... more Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus of the Hanafi school. It was a compendium of the Hanafi authoritative rulings. At the behest of the Mughal Emperor, Aurangzeb ‘Alamgir, a board of jurists from various parts of India worked jointly to produce this compendium of Hanafi fiqh. It closely followed the Hanafi legal tradition by adopting the scheme of chapters of the famous Hanafi treatise, the Hidayah and contributed to the legal literature by including various chapters on legal practice and procedural law. The analysis of the contents of al-Fatawa al-‘Alamgiriyyah and contemporary historical evidence suggests that it performed the functions of a legal code in the historical context in which it was compiled though it was not the exclusive source of legal norms in the administrative structure of the Mughal Empire.
This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islam... more This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islamic Law and Empire’, which was held at Harvard Law School between 1–3 June 2015. The conference explored a series of new, and interdisciplinary, theoretical approaches to law and Empire broadly relating to the Islamic legal tradition and both historical and contemporary Islamicate societies. Studies of Empire, as a mode of governance, a trans-historical reality and an enduring legacy of European colonialism, continue to generate an influential body of academic literature. Yet, accounts of multiple Muslim and non-Muslim imperial reformulations of Islamic legality and their lasting legacies in local, regional and international legal domains are still relatively few. The goal of this special issue is to generate a range of stimulating discussions on law and Empire in the Muslim world, with a particular focus on theoretical meeting points between the studies in history, politics, sociology an...
... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of th... more ... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of the World. The Ascent of Money: A Financial History of the World. ...
Under classical Islamic family law, a husband has the right to enter into a maximum of four marri... more Under classical Islamic family law, a husband has the right to enter into a maximum of four marriages at a time. State regulation under the Muslim Family Laws Ordinance 1961 (MFLO), however, has restricted such privilege of husbands by requiring them to get permission for their polygamous marriages from the Union Council based on valid reason. Failure to do so is a criminal offence liable to punishment including imprisonment and fine. In addition to surveying the statutes and case law on the regulation of polygamy, this paper analyzes the impact of second marriage of parents on their right to the custody of children. Based on this analysis, we argue that the official Muslim family law in Pakistan prefers monogamy not only by regulating polygamous marriages, but also by denying the right of custody of children to polygamous husbands.
There have been three cases since 1990 about the new law of maintenance of a wife during marriage... more There have been three cases since 1990 about the new law of maintenance of a wife during marriage and maintenance of children.
In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for ... more In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.
This Casebook is produced for teaching purposes. It provides a prelude to my forthcoming textbook... more This Casebook is produced for teaching purposes. It provides a prelude to my forthcoming textbook on Contract Law in Pakistan.
Mufti Taqi Usmani is the leading scholar in Islamic finance and in this capacity is recognised al... more Mufti Taqi Usmani is the leading scholar in Islamic finance and in this capacity is recognised all over the world. In Pakistan, he is famous for his contribution towards the Islamisation of laws as a judge of the Shariat Courts. This paper explores his views on legal reforms by analysing his critique of women's right to get a divorce under the doctrine of khula' without the consent of husbands. This right was developed by the superior judiciary in Pakistan through a liberal interpretation of the Qur'ān and Sunnah. Mufti Usmani, however, does not agree with the judicial interpretation and defends the
Mufti Taqi Usmani is a well-known and highly respected figure in the field of Islamic banking and... more Mufti Taqi Usmani is a well-known and highly respected figure in the field of Islamic banking and finance. Preceding his appointment as the chairman and the member of the Sharī‘a Boards of various banks, he served as a judge of the Shariat Appellate Bench, Supreme Court of Pakistan for two decades (1982-2002) and a Judge of the Federal Shariat Court for two years (1980-82). In this capacity, he delivered many landmark judgments. This paper explores the sources and methods of reasoning used by Justice Usmani in his judgments. The analysis of these judgments shows that Justice Usmani sparingly employed the doctrines of maṣlaḥa and maqāṣid in his judgments. In a few judgments, he related maṣlaḥa with ḍarūra by elevating ḍarūra to the status of an independent legal authority (dalīl) which could be employed for temporarily deviating from the injunctions of Islam. He restrictively defined ḍarūra by stating that it can only be relied upon when there is a likelihood of the loss of life or limb (itlāf jān aw ‘uḍw). He regarded ḍarūra as a temporary exception permitted only during an exigency for a limited period of time. Justice Usmani’s views on ḍarūra partially resemble those of Ṣubḥī Maḥmaṣānī’s, who restricted the valid maṣlaḥa to necessities (ḍarūriyāt) and needs (ḥajiyāt), and denied its extension to complementarities (taḥsiniyāt). Like Muḥammad Sa‘īd Ramaḍān al-Būṭī, Justice Usmani argued that intellect alone could not be capable of understanding maṣlaḥa. Similarly, he rejected the use of maṣlaḥa for accommodating custom and refuted ‘ibadāt/mu‘āmalāt distinction for adopting a liberal view for the latter. Although Justice Usmani’s views transformed during his tenure as a judge of the Shariat Appellate Bench, Supreme Court of Pakistan, he represents the traditionalist school, which asserts that there is no need for reforming classical fiqh or uṣūl al-fiqh, rather Muslim societies should be moulded through social engineering for the application of classical fiqh.
Muslim Personal Law is the branch of the private law of Muslims that applies to family life (marr... more Muslim Personal Law is the branch of the private law of Muslims that applies to family life (marriage, dower, divorce, and maintenance) and the associated matters such as disposal of property inter vivos (gift, and waqf) or testamentary (will) or inheritance law. This area of law is still regulated primarily by uncodified or semi codified Sharī‘a/Fiqh even after the advent of modern legislating state all over the Muslim world. However, state legislation increasing plays an important role especially in the promotion of women’s and children’s rights. Therefore, the application of international human rights law in the Muslim world becomes important with regard to Islamic family law.
This course introduces Muslim Personal Law in its historical context in South Asia by exploring its current application in Pakistan, other parts of the Muslim world, and the West where Muslims live as minorities. This course will also explore the current challenges faced by Islamic family law and assess its future in the Muslim world and in the West.
The aim of this course is to enable students to develop a profound understanding of the principles and practices of Islamic family law and to critically engage with contemporary debates about its application in in the modern world. To achieve this end, comparative references will also be made to English law and Civil law along with other religious legal traditions such as Canon Law, Jewish Law and Hindu Law. This comparison will serve the dual purpose of highlighting the distinguishing features of Islamic family law and understanding its historical connection and contemporary interaction with other legal systems and legal traditions.
This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking... more This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance and rule making because of its flexibility. The translation of classical Islamic legal texts, the Hidāya and certain parts of the Fatāwā al-‘Ālamgīriyya, relieved English judges of the need for a reliance on local legal advisors. However, Muslim lawyers, judges, legal commentators, and some religious scholars (‘ulamā’) simultaneously collaborated and negotiated with, and resisted colonial administrators in the process of legal transformation. As adjudication was a preferred mode of transformation, legal commentaries played a crucial role in legal developments. A majority of legal commentators were Muslims, such as Ameer Ali, Abdur Rahim and Faiz Tyabji. They used their legal treatises to resist any colonial intervention in Islamic law.
Although English educated Muslims replaced ‘ulamā’ as cultural intermediaries between the state and society, this did not eliminate the role of ‘ulamā’ as the custodians of Islamic law. They established closer links with society and issued fatāwā (legal opinions) on legal issues. Fatāwā were sought regarding every important aspect of waqf law, from the validity of family awqāf to the management of awqāf and the permissibility of awqāf of movables such as shares of companies. ‘Ulamā’ also lobbied for the enforcement of Islamic law in order to promote women’s rights of inheritance and to get a divorce. This study finds that Anglo-Muhammadan law was a product of interaction between various sections of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between divergent interest holders. Despite replacing the traditional institutional structure, the overall legal system became more inclusive. It could interact with various stakeholders and represent them in the process of law making in order to respond to social change.
In this paper, I discuss the right of wives to dissolve their marriages under Islamic law in Paki... more In this paper, I discuss the right of wives to dissolve their marriages under Islamic law in Pakistan by looking into the legal developments since colonial period in the Indian subcontinent. I argue that judges play a key role in reforming classical Islamic family law in Pakistan. The role of the legislature is only secondary and supplementary. This judicial ijtihad is in accordance with the spirit of Islamic law and is also supported by evidence from Islamic legal history. Pakistani judges continue to protect the rights of vulnerable women by liberally interpreting the primary sources of Islamic law—the Qur’an and Sunnah, rather than strictly following the opinions of classical jurists.
This book offers a comprehensive and up-to-date account of the principles and practices of famil... more This book offers a comprehensive and up-to-date account of the principles and practices of family laws in Pakistan. In incorporates the most recent case law and statutes. The case law has been organised in a systematic manner while providing a critical analysis of the leading judicial precedents. Each chapter covers the general principles of family law and illustrates their application through the examination of relevant judgments. By examining real-life examples, readers can gain a practical understanding of how these principles are applied in practice. The book highlights the evolving trends in case law and proposes solutions to reconcile conflicting judicial authorities. It also identifies areas where reforms are needed to improve the existing legal frameworks. The book includes dedicated chapters on the personal laws of Hindus and Christians in Pakistan and addresses the complexities arising from the conflict of personal laws. It also provides an overview of the principles of private international law and explores the relevant case law, enabling readers to develop a comprehensive understanding of family laws within transnational contexts in our contemporary globalised world.
We hear about birth, marriage, divorce or death on a daily basis. These events relate to the most... more We hear about birth, marriage, divorce or death on a daily basis. These events relate to the most important and basic human institution—family. This book is about family law. Ostensibly, family law is considered to be the simplest and the easiest branch of law as compared with, say, constitutional law or criminal law. However, despite their apparent simplicity, issues arising under family law can sometimes pose challenging questions when they interact with other branches of law such as constitutional, criminal and private international law. Let us explain this through an example: section 5 of the Muslim Family Laws Ordinance 1961 (MFLO) requires that every marriage solemnised under Muslim law must be registered with a Nikah Registrar. One of the most important functions of the registration of marriages is to minimise litigation concerning the legitimacy of children. Substantively, the issue of legitimacy is linked to a child’s property rights such as the right to maintenance and inheritance, while the right to property is constitutionally guaranteed. Thus, in such cases, the right to maintenance and inheritance of a child become dependent on the establishment of his/her legitimacy. However, the legitimacy of a child is established under the rules of evidence because sex outside marriage is a criminal offence which can be established only through the application of criminal procedure and evidence law. Such an interplay among family, constitutional and evidence law gives rise to complex factual as well as legal issues ranging from the relevance of evidence to the applicable standard of proof in a particular case. Curiously, the MFLO is silent on the status of marriages solemnised outside Pakistan. The legal issues arising out of such marriages are dealt with under the conflict of law rules or private international law, which pose further questions as to the sovereignty of the state. In the following chapters of this book, we shall come across many examples of this interplay between family law and other areas of law in the context of Pakistan. In this regard, we observe that many important legal principles dealing with family law issues have been developed, not in family law cases, but in cases which primarily dealt with issues related to constitutional or criminal law.
Although specialists will find the detailed footnotes and bibliography useful, they are not the p... more Although specialists will find the detailed footnotes and bibliography useful, they are not the primary audience of this book. Without undermining the valuable contribution of this book, in my view, specialists may question a few of Ali’s generalizations. For instance, Ali states that the Hanafi school is distinct for “giving preference to qiyas over ahadith, laying emphasis on the principle of istihsan (juristic equity)” (26). Scholars of Islamic jurisprudence (usul al-fiqh) may find this description problematic because istihsan (juristic preference) applies to the exclusion of qiyas (analogy). For example, deferred sale (salam) is permissible on the basis of istihsan and endorsed by a hadith despite the fact that it involves gharar (uncertainty, risk, or speculation), which is prohibited. Similarly, Ali’s description of ijtihad (independent reasoning) and taqlid (following) as mutually exclusive because the latter has “the potential to be inhibitive of independent legal formulations” (25) may be qualified based on the research showing that, far from being mutually exclusive, these two concepts complemented each other during the post-formative period of Islamic law.
In this short note, I first summarize the key themes of the Governing Islam: Law, Empire, and Sec... more In this short note, I first summarize the key themes of the Governing Islam: Law, Empire, and Secularism, and then reflect on them within the context of Pakistan, particularly with reference to the application of Islamic law.
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Papers by Muhammad Zubair Abbasi
role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic
constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.
role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic
constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.
This course introduces Muslim Personal Law in its historical context in South Asia by exploring its current application in Pakistan, other parts of the Muslim world, and the West where Muslims live as minorities. This course will also explore the current challenges faced by Islamic family law and assess its future in the Muslim world and in the West.
The aim of this course is to enable students to develop a profound understanding of the principles and practices of Islamic family law and to critically engage with contemporary debates about its application in in the modern world. To achieve this end, comparative references will also be made to English law and Civil law along with other religious legal traditions such as Canon Law, Jewish Law and Hindu Law. This comparison will serve the dual purpose of highlighting the distinguishing features of Islamic family law and understanding its historical connection and contemporary interaction with other legal systems and legal traditions.
Although English educated Muslims replaced ‘ulamā’ as cultural intermediaries between the state and society, this did not eliminate the role of ‘ulamā’ as the custodians of Islamic law. They established closer links with society and issued fatāwā (legal opinions) on legal issues. Fatāwā were sought regarding every important aspect of waqf law, from the validity of family awqāf to the management of awqāf and the permissibility of awqāf of movables such as shares of companies. ‘Ulamā’ also lobbied for the enforcement of Islamic law in order to promote women’s rights of inheritance and to get a divorce. This study finds that Anglo-Muhammadan law was a product of interaction between various sections of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between divergent interest holders. Despite replacing the traditional institutional structure, the overall legal system became more inclusive. It could interact with various stakeholders and represent them in the process of law making in order to respond to social change.