Search or add a thesis

Advanced Search (Beta)
Home > Anglicization of Shariah in Anglo Indian Courts and its Impact on Pakistan Law: A Case Study With Special Reference to Waqf, Inheritance and Equity

Anglicization of Shariah in Anglo Indian Courts and its Impact on Pakistan Law: A Case Study With Special Reference to Waqf, Inheritance and Equity

Thesis Info

Access Option

External Link

Author

Batool, Usmat

Supervisor

Muhammad Zia-ul-Haq

Program

PhD

Institute

International Islamic University

Institute Type

Public

City

Islamabad

Province

Islamabad.

Country

Pakistan

Degree End Year

2019

Thesis Completion Status

Completed

Subject

Law and Legislature

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/12154/1/Usmat%20batool%20shariah%202019%20iiui%20isb%20prr.pdf

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676724508853

Asian Research Index Whatsapp Chanel
Asian Research Index Whatsapp Chanel

Join our Whatsapp Channel to get regular updates.

Similar


This thesis argues the treatment of Islamic law under the English legal system by looking into the developments in law of family waqf, inheritance and equity in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and its impact on Pakistani law. It not only examines the evolution of codification of Islamic laws in sub-continent during colonial rule but also that how this codification partially influences the Islamic Law. It argues that the laws of waqf and inheritance were transformed in order to fit into new legal system. The colonial state also used the methods of translation, adjudication, and legislation in order to transform Islamic law into AngloMuhammadan Law. They amalgamated law of inheritance and customary law, made “rivāj e ʻaām” through settlement officer and later they recognised this “rivāj e ʻaām” as testimony and enforced it through courts. In 18th century British in their regulations merged equity, justice and good-conscience with customary law, though equity fills the gap of law on the discretion of their judges. The study begins with the brief introduction of Anglicization of Sharī‘ah during British sway in India. Then the essentials of the Islamic Law of waqf are described in a good detail, in the light of the opinions of Islamic jurists. The third part of the study not only briefs about the legal contribution of the Privy Council to the law of waqf but also the cases about family law of waqf in Pakistan. The law of Inheritance in Islam is specially focusing on the shares of females in Islamic Law to ensure that no local custom can override the law of inheritance in Islam is examined in fourth part of the study. In fifth part the attempts have been made to examine the law of Inheritance in sub-continent during British rule and its impact on the current Law of Inheritance in Pakistan. For better understanding case law on Inheritance rights of women in Pakistan is discussed in detail. The last part of the research examines the role of the doctrine of justice, equity and good conscience in British rule in sub-continent and its impact on Pakistani law. Case law in Pakistan regarding this notion is also discussed.
Loading...
Loading...

Similar Books

Loading...

Similar Chapters

Loading...

Similar News

Loading...

Similar Articles

Loading...

Similar Article Headings

Loading...

مولاناحبیب الر حمن لدھیانوی

مولانا حبیب الرحمن لدھیانوی
یہ سطریں زیر تحریر تھیں کہ مولانا حبیب الرحمن صاحب لدھیانوی کی وفات کی خبر ملی، مرحوم ملک و ملت کے پرانے خدمت گزار، مجلس احرار کے مشہور لیڈر اور جنگ آزادی کے ممتاز مجاہدین میں تھے اور اس راہ میں قید و بند کی مصیبتیں جھیلیں، کانگریس سے ان کا تعلق بہت قدیم تھا، جو ہر زمانہ میں برابر قائم رہا، ہندوستان کی تقسیم اور اپنے وطن لدھیانہ کی تباہی کے بعد دلی میں متوطن ہوگئے تھے، ان کی عمر کا بڑا حصہ قوم و ملک کی خدمت میں گزرا طبعاً بڑے خاکسار متواضع، فیاض اور مہمان نواز تھے، دارالمصنفین کے لوگوں سے بڑا اخلاص رکھتے تھے، جب مشرقی اضلاع کی جانب آنا ہوتا تھا تو دارالمصنفین ضرور آتے تھے، ان کی صحت عرصہ سے خراب تھی، ابھی تھوڑے ہی دن ہوئے آنتوں کا آپریشن ہوا تھا، اس سے تو صحت یاب ہوگئے تھے، مگر ۲؍ ستمبر کو قلب کا دورہ پڑا اور دفعتہ انتقال کرگئے، اﷲ تعالیٰ اس پرانے خادم قوم کو اپنی رحمت و مغفرت سے سرفراز فرمائے۔ (شاہ معین الدین ندوی، ستمبر ۱۹۵۶ء)

 

Time Management in Islam

The concept of time management is practice from decades. Time management has grabbed the attention of many scholars and there were many writings and analysis made. Time management is an important issue of human life as you cannot add more hours in a day, you have to plan yourself with the limitation of time. Islam focuses on the time management so that a believer should balance his life (spiritually, socially and economically). Islamic teachings are dynamic in their approach, they teach Muslim from every aspect of life and allow them to spend their time productively. Islam’s main focus is on the planning and organizing the time and our main focus is to depict what Islam teaches about time management and how it is practiced in the world. Then conventional methods of management are similar to the Islamic teachings.

Estimation of Morphological, Biochemical and Genetic Diversity in Pomegranate Punica Granatum L. Germplasm

The pomegranate (Punica granatum L.) is an indigenous minor fruit crop of Pakistan, having a long history of cultivation as wild plant in warm temperate Himalayan range of the country; however its production is quite low to meet ever increasing market demand. Sustainable production of high quality pomegranate fruit in the world has been achieved through morpho-genetic characterization and estimation of germplasm diversity which was missing in the country. Thus it is important to estimate morphological, biochemical and genetic diversity of wild and domesticated pomegranate accessions through analysis of separate and combined data of selected wild and domesticated pomegranate accessions to be able to conserve the elite germplasm. Various levels of qualitative and quantitative morphological diversity were recorded in fruits of selected 115 pomegranate accessions. The round shape fruits were dominant in most of the commercial and wild accessions of Rawalakot whereas red color fruits and arils were predominant in wild compared to domesticated accessions. The highest value of CV was estimated in seed hardness (302.91%) followed by yellow green fruit color (215.24%), round oblong fruits (210.33%), slightly bitter arils (209.49%), pink red arils 177.33%) and white pink arils (170.97%) in all selected pomegranate accessions. The red skin color in fruit had a strong correlation (r=0.809) with red arils followed by 0.769 and 0.741% for round fruit stalked end and medium seed hardness, respectively. There was a strong positive association (0.731) of red arils with sourness and a negative correlation (-0.145) with sweetness. The wild pomegranate accessions had high CV (29.07%), for fruit weight followed by 25.61, 24.73 and 20.45% for rind weight, rind thickness and seed weight, respectively, whereas, in domesticated accessions the highest CV of 41.99% was recorded in fruit weight. Fruit weight had a strong correlation (0.79%) with rind weight and a high positive correlation was recorded between wood portion index (WPI) and aril weight in a combined analysis of wild and domesticated accessions. All domesticated accessions had a close association among fruit weight, arils and seeds, whereas the wild accessions, there was a strong association for WPI. The Abbottabad and Rawalakot accessions were highly diverse and varied not only from each other but also from accessions from other regions, whereas accessions of Muzaffargarh and Rahim Yar Khan had high similarities as shown in cluster analysis of qualitative data of all accessions. Wild and domesticated accessions successfully clustered on the basis of similarities of morphological and biochemical traits irrespective to growing regions; however, most of Muzaffargarh, Rahim Yar Khan and Mustong accessions grouped in the same class. Moreover, wild and domesticated accessions grouped in separate classes for biochemical traits while a few Chakwal, Bahawalpur and D.G. Khan accessions clustered with wild accessions for most of the morphological traits. Most of the reported SSR primers (29) in this study were efficient and showed high polymorphism with polymorphic information contents (PIC) ranging from 0.187 to 0.5598 and maximum allele frequency of xviii 0.8579% in all selected wild and domesticated pomegranate accessions. The highest genetic similarity coefficient was 30.7 to 84.76%, 21.76 to 76.78% and 21.76 to 79.88% in wild, domesticated and both wild and domesticated pomegranate accessions, respectively. The domesticated accessions clustered on the basis of genetic similarity irrespective of growing regions while wild accessions sharing common alleles were grouped in the same class based on growing regions. Thus morphological traits showed high diversity in wild accessions compared to domesticated pomegranates whereas, biochemical traits showed high diversity in domesticated accessions. In molecular studies, the SSR primers could serve as potential markers for genetic diversity estimation in Pakistani pomegranates as they proved that the genetic base of our pomegranate germplasm is broad. Molecular diversity was higher in wild accessions compared to domesticated pomegranates. These studies provide basic information for pomegranate breeding programs to develop new cultivars to broader the harvest window of high quality pomegranate fruits in Pakistan.