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Home > The Constitution Amendments in the Original Constitution of the Islamic Republic of Pakistan, 1973. its Effects & Legal Challenges: A Comparative Study

The Constitution Amendments in the Original Constitution of the Islamic Republic of Pakistan, 1973. its Effects & Legal Challenges: A Comparative Study

Thesis Info

Access Option

External Link

Author

Tariq, Muhammad Waseem

Program

PhD

Institute

International Islamic University

City

Islamabad

Province

Islamabad.

Country

Pakistan

Thesis Completing Year

2020

Thesis Completion Status

Completed

Subject

Law

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/13411/1/Muhammad%20Waseem%20Tariq%20shariah%202020%20iiui%20isb%20prr.PDF

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676725081837

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Pakistan whose history since the day of independence (i.e., 1947), is replete with dismissal of the elected governments and impositions of martial laws that ruled the country for over a period of 30 years, under Ayub Khan (1958-1969); Yahya Khan (1969-1971); Zulfiqar Ali Bhutto [as Civilian Martial Law Administrator] (1971-1972); Zia-ul-Haq (1977- 1988) and Parvez Musharraf (1999-2008), respectively. It is undeniable historical fact that in all these unfortunate scenarios, the matters relating to imposition of martial laws, whenever came under discussion before the honorable apex Courts, in most of those cases, the judicial verdicts, pronounced from time to time, not only seems to be leaned towards upholding the imposition of Martial Laws but also self-contained elements of the injustice therein too; whereby prima facie the honorable apex Court(s) while over stepping their prescribed constitutional limits unfortunately allowed the military dictator(s) to effect the constitutional amendments as per their own sweet whims and desire. The matter does not end here, rather, whenever the issue relating to the dictatorial Act’s, Ordinances, Martial Law Regulations or Amendments etc., if came before the successive Parliament(s) of its time, the constitutional history of Pakistan again reveals an ugly image of its kinds, whereby not only all those Acts, Ordinances, Martial Law Regulations or Amendments as the case may be; which were either made or introduced into the Constitution as such got indemnified/validated by the Parliamentarians or subsequently given the legal shelter/protections through cover of Constitutional Amendment Acts; that too, without introduction of even a slightest change therein. It is worth to mention here, that while focusing the military expeditions; endure would also be made in examining all those Constitutional Amendments too, which had/have purely been brought into the Constitution by the Politicians (ruling parties) themselves, with their hidden object to strengthen their respective offices, while shifting the centre of powers from the office of Parliament to that of the office of a Sole Party Head (who may even be a non-elected member too) of the ruling party. Besides above, endeavors would also be made to put light on those Constitutional Amendments too, which has been made part of the Constitution in order to serve/protect the interest of Judiciary as well. In nut shell the thesis would be examining the effects of all such amendments, which had particularly de-shaped/disfigured the overall Constitutional Schemes of the Constitution of Islamic Republic of Pakistan, 1973. Most importantly, the relevant constitutional and legal issues would be highlighted and discussed in its chronological orders vis-a-vis the Constitutional Amendments made from day one till so far; besides above efforts would be made to pinpoint the circumstances which had actually given an unbridled license to the military dictators (i.e., through the judgments rendered by the apex Courts) or to the politicians or likewise to the apex Courts, as the case may be, to put their personal wishes/whims over the wishes/whims of the general masses, particularly, when the Social Binding Contract (i.e., Constitution) to which they subjugated is grossly mutilated by such military/civilian usurper’s commands. At last the research would be concluded with solution to settle down the dilemma which cropped up due to mutual connivance of the Judicial, Military and Politicians understandings, while risking the social & legal norms of the society at large.
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اتوں بھولا وچوں ٹھگ

اتوں بھولا وچوں ٹھگ
وکھری یار اے تیری رگ
آخر سجن ملسی آ
کجھ دیہاڑے ہور وی تگ
صبح ویلے پیندا اے بندہ
چاہ دا بھریا ہویا مگ
جے توں شملہ اچا چاہویں
لہویں نہ کسے دی پگ
مکھ سجن دا اینویں چمکے
جیویں مندری اتے نگ
اس کولوں وی نیڑے رہندا
بندیا جو تیری شہ رگ

An Introduction to Islamic Modes of Financing for Elimination of Interest Based Transactions in Banking Sector of Pakistan

The Economic system ofIslam is very balanced one. Islam does not deprive a person to take benefit of all halal (permissible) things, while it has banned all illegal means of earning like deceit, corruption, gambling, etc. Among all evils, interest/usury is the worst form of earning and those who are involved in transactions based on it, they have been threatened with hell. While on the other hand, in most banks and other financial institutions, transactions are carried out on the basis ofinterest. This is why Muslim scholars worked out alternative modes based on Islamic financing to replace interest-based transactions. In this article six modes of financing i. e. Musharakah. , Mudharabah, Murabahah, Ijarah, Salam and Istisnah have been discussed. If these Islamic inodes of financing are adopted in banking sector and in otherfinancial institutions, then it is hoped that in a very short span of time elimination ofriba would be possible.

Molecular and Phytochemical Elaboration of Tea Genotypes Grown in Pakistan

Tea is the most popular non-alcoholic beverage obtained as an infusion of the leaves of Camellia sinensis (the tea shrub). Pakistan is the second largest importer of tea and its consumption in the country is increasing day by day. Pakistan imports almost all of its tea; spending a large amount of foreign exchange annually. Tea has recently been introduced in Pakistan as a crop and needs improved genotypes suitable to the local agro climatic conditions for fulfilling the local need. This will only be possible through discovering genotypes of higher potential and adopting of appropriate production strategies in the tea growing areas of the country. Keeping in view the dire need of understanding the genetic potential of tea genotypes this project was undertaken for characterizing all the tea cultivars currently grown in Pakistan. The cultivars were analyzed through quantitative trait analysis, DNA fingerprinting and phytochemical investigations. For quantitative trait analysis 12 genotypes, including 4 commercial varieties; 4 germplasm collections and 4 land races, were grown at two locations in District Mansehra, Pakistan. For DNA analysis 130 plants, 10 plants per genotype were screened. Quantitative trait analysis of the genotypes was carried-out for 18 quantitative and seven qualitative traits. Based on statistical analysis of leaf, shoot and seed parameters all the genotypes could be placed into two groups’ i.e. broad and narrow leaved genotypes. These groups corresponded to the Chinese and Assam types of tea. The grouping was corroborated by the fact that the narrow leaved Chinese, T-05-10 and JP-01-05 genotypes exhibited similar clustering pattern both for quantitative and qualitative parameters irrespective of the locations where the genotypes were grown. Phytochemical analysis of total polyphenols, amino acids, caffeine contents and water extracted substances from fresh tea leaves of the genotypes showed significant differences among genotypes having CV-percentage values of 18.13, 14.96, 11.0 and 5.0 respectively. Cluster analysis based on Euclidean Distance Coefficient, revealed four groups and separated the broad leaved genotypes from others.Similar results were observed using Principle Co-ordinate Analysis (PCoA).The plot of the first two components based on all characters showed a clear separation of broad leaved genotypes (C. assamica), namely IN-01-07 and SL-01-05 genotypes from the narrow leaved (C. sinensis) genotypes. For DNA analysis 75 genotypes were screened with 20 RAPD primers and 103 genotypes were screened with 12 SSR primers. Genetic diversity among the genotypes was calculated according to Nei and Li’s (1979) UPGMA and bivariate data matrix which were used for making dendrogram and deciding genetic affinity or diversity among the genotypes. RAPD primers detected 115 different alleles whereas the number of alleles analyzed through SSR primers was 87.Genetic distance estimates ranged from 0-100% showing high level of diversity among screened genotypes. UPGMA cluster analysis of RAPD data showed mixed grouping profile of the samples, however, samples from different plants of particular genotypes segregated into independent sub-clusters. Average number of alleles amplified per SSR marker varied from 4 to 10.Pair wise genetic diversity among all samples ranged from 0% to 100%.Dendrogram based cluster analysis revealed five main clusters showing mixed pattern but most of the genotypes were separated in sub groups according to the genetic affinity. The findings of molecular analyses were generally cocurred with the results obtained from quantitative trait analysis which revealed a close genetic affinity among the tea genotypes based on the leaf size. The variations between and within genotypes; collected from different sites; were very high; confirming differences in origin of the tested samples.Failure of placing some broad leaf genotypes into clearly defined separate clusters may be due to introgressions as a result of cross pollination in tea cultivars. Results obtained from quantitative and qualitative trait analysis superimposed on phytochemical data clearly differentiated all the tea genotypes into two discrete groups viz. broad and narrow leaved genotypes. Molecular results also coincided with that of morphological and phytochemical analysis except that molecular analyses separated the two taxa in individual sub-clusters instead of main clusters. Ich-08 genotype was found to be best in flush production, however it has poor adoptability. On the other hand Ich-05 was found best in adaptability at the same time having flush production comparable to Ich-08. Hence Ich-08 is recommended for further evaluation and for registration as a new variety for general cultivation.