Arbitration: Legislation, Scope, and Functioning in Pakistani Legal System a Pragmatic Approach in Law and Sharī‘ah

This study investigates the case of arbitration in the modern states in general and in the Islamic Republic of Pakistan in particular, as a self-binding, amicable mode of Alternative Dispute Resolution (ADR). It starts with arbitration’s meaning, history and evolutional background and discusses them as preliminaries and entrance to the main topic. The study debates Pakistani legislation on the subject, with special focus on the Arbitration Act, 1940. It examines the functioning of arbitration in Pakistani legal system, detects the flaws and areas of improvement therein, and most significantly, suggests proposals for required amendments in the relevant laws. In this connection, the equivocal nature of ADR provisions in some statutes other than Arbitration Act, has been specially highlighted.  As per requirement of the Article 2(A) of the Constitution 1973, some inconsistencies of the laws on the subject with Sharī‘ah have also been traced. The issue of qualifications of arbitrators (hakams) has been detected as the main subject of inconsistency between law and Sharī‘ah, resulting in substantial and effective bearings. A similar inconsistency, comparatively with a lesser effect, has been noted in arbitration of family disputes regarding fixation of number of arbitrators and the hail from families of the disputing spouses. While investigating all these issues, an analytical-cum comparative strategy has been followed. The conclusion contains a concise brief on comparison between Sharī‘ah and law on the subject and a package of proposed amendments in the gray areas.

Developing Strategy for the Administrative Control of High School Principals

It was a descriptive study, which described facts and characteristics of the given population and area of interest systematically, factually and accurately. A clear purpose, rationale and statement of objectives with research questions were given. A set of research tools were developed and pilot tested. Data were collected from different sources and made meaningful with the help of tables and figures that were further validated by using statistical measures. The sample included 08 Provincial Level Education Officers (25%), 54 District Level Educational Officers of 8 districts (33.3%), 08 Executive District Education Officers (33.3%), 16 District Education Officers (33.3%) both genders, 32 Deputy District Level Education Officers (33.3%) and 80 Principals, (5 %) randomly selected throughout the province. The data were obtained through the tools of questionnaire; interviews and literature review. Two sets of questionnaires with almost the same items were developed for fielding to the District Level Education Officers and principals of government high schools. The statements of questionnaires were based on the indicators drawn from the review of literature after ensuring their relevancy to the problem of the study. The interviews were held with eight Provincial Level Education Officers on prescheduled dates and times. The data were given both quantitative and qualitative treatment. The outcome of the study revealed that there were no uniform indicators for monitoring, supervision and control of the work and responsibilities of high school principals. The principals, district and Provincial Level Education Officers were not given proper job specifications and resultantly they overlapped the roles and responsibilities of one another, which caused mismanagement. There was partial implementation of educational policies. The study found that although there was strict implementation of financial rules, the academic and professional norms did not receive that much consideration. Mobility of the majority of the principals and district level officers to higher positions was based on seniority from teaching cadre without any prior training in managerial and administrative skills. Communication gap was identified among provincial, district and school level education officers. There was also unnecessary political intervention in recruitment, transfers and in the implementation of rules and policies due to which effective control was not possible. There was no proper system for incentives and disincentives, rewards and i punishments. The study made recommendations including, but not restricted to, formulation of a strategy for effective control of secondary school principals; required the principals to first develop vision and then translate it into implementable objectives; suggested training in administrative, managerial and leadership skills of principals as well as district and Provincial Level Education Officers for effective performance of their roles. The need for effective coordination between the principals and District Level Education Officers in curricular and co- curricular programmes was also emphasized. It was proposed that the school-based objectives should be in line with the strategies of the national education policy. Further, the relevant provisions of the policy ought to be properly conveyed to the school principals for making a uniform approach in developing their respective institutional policies that will also form basis for the evaluation of the performance of principals. It was also suggested that frequency of evaluation should be on quarterly basis. The indicators for the evaluation of performance of the principals should be uniform, clear and comprehensible and also based on measurable and observable metrics. In order to make these indicators effective, they should align with objectives, standards and needs of the districts to match school context. The study recommended a viable strategy for the control of high school principals, working in public sector.