قانون ٹارٹ كا فقہ اسلامى كى روشنى میں جائزہ

Tort law is an umbrella term for  laws  which cover issues of civil wrongs like defamation, trespassing and the other actions involving  violation of law. In case a person has undergone a physical, legal or any economic harm then he can file a suit under the tort law. Torts are civil wrongs recognized by law as grounds for a lawsuit. It is also generally known that tort in Islamic fiqh as “Jinayet”. This paper attempts to analys  by Islamic law in thel light of the  relevant verses for the Qur’an followed by the rules stated in traditions from the Prophet (Peace by on him). Jinayat the part of Shari’a that applies to homicide or physical  injury is called jinayat and is based on the pre-Islamic rules of Arab blood feud, as modified by Prophet (Peace be on him). The punishment is either retaliation or blood money (diyat). Retaliation occurs only upon  the request of the victim, if alive, or his nearest kin if the victim is dead, and is to be inflicted by victim or kin. In the case of homicide retaliation means death, in the case of injury it means imposing an identical injury. Where retaliation is one of the options, the victim or his closest kinsman may demand blood money instead, or negotiate an out of court settlement. Jinayat, like modern tort law, is based on private action; there is no official responsible for initiating the case.

Impact of Internatinal Labour Migration on Household Economy With Special Reference to District Karak, Khyber Pakhtunkhwa

Labour is the precious asset of any society, because it contributes a lot in the development of the countries and welfare of the societies. Similarly, labour migration has a significant role in socioeconomic uplift of the population. With the increased rate of globalization, the significance of international labour migration has also risen. The main aim of study was to analyse the socioeconomic impacts of international labour migration on the household economy in District Karak, Khyber Pakhtunkhwa, Pakistan. The study also deals with the investigation of reasons behind the labour migrations internationally and the effects of migration on health status, educational attainments and per capita income on the household economy of the families left behind. For the current investigation, district Karak was selected because of the fact that this region has very meagre employment opportunities, and a significant proportion of its population is dependent on the earnings of migrated labour. The major reasons for the scarcity of employment opportunities include state of general poverty, poor service structure and rain-fed agriculture in the study region. The agricultural sector is not having the enough capacity to employ significant proportion of labour. Though district Karak is bestowed with huge natural resources like natural gas, oil, coal, minerals, salts etc., but unfortunately these resources are yet not explored and utilized optimally for the betterment of the communities. There is no major industry in the region and human resources are also mostly unskilled. There are very limited opportunities for business in the area. A large proportion of its population is therefore unemployed and forced to migrate to other countries for earning livelihood. There are three Tehsils in district Karak namely Karak, Banda Daud Shah and Takht-e-Nasrati. For the study 210 respondents were selected from all the three tehsils, proportionally to their population size. The number of respondents from Tehsil Karak was 86, Tehsil Takht-e-Nasrati it was 76 and Tehsil Banda Daud Shah it was 48. The data was collected randomly through snowball sampling technique form the study region. The interview method was used for primary data collection and the researcher explained all the questions well to the respondents. The respondents were accompanied by their other family members who supported them in giving answers to the researcher’s questions. The data was analysed using Statistical Package for Social Sciences (SPSS, 16.0 version) and presented in the form of frequencies, percentages, arithmetic means, maximum values, minimum values and standard deviations. Four econometric linear regression models were used to analyze the relation between various parameters. Model-1 was used for the analysis of factors which were related to the reasons for migration. Model-2 estimated the effect of labour migration on the per capita income of the left behind families of the labour migrants. Model-3 was employed for the assessment of the health status of the migrant’s left behind families. Model 4 was utilized to study the role of labour migration in educational attainments of the left behind families. The results derived from these models were presented in the forms of co-efficient, standard errors, tstatistics and p-values. The findings of the study showed that the factors like lack of employment opportunities, wage differentials, agriculture and industrial under-development, large family size, more dependents, low level of education etc. coupled with other factors caused the local labour to migrate abroad for getting better employment. The study revealed that most of labour migrated to Gulf countries. The results discovered that the remittances have very positive and significant effect on household economy of families left behind. The remittances generally improved the per capita income, health status, educational attainments, livelihoods, social and economic conditions, household’s physical infrastructures, savings, investments, commercial holdings, purchase of lands, purchase of vehicles etc. It was also found that there were some negative psychological and social effects on the spouse and children of the migrants. It is recommended that the local employment market may also be widened to engage indigenous population in various economic activities. The Government should devise a viable policy to promote international labour migration and provide more amenities to the migrant’s families. More educational and technical training facilities may be established to make labour more educated and skilful, so that they can earn more for the welfare and development of families left behind. Information centres should be established at district level for counselling and guidance of people who want to migrate abroad.