Thursday 31 January 2013

PhD Theses on Political Science from Pakistani Universities

Muhammad , Mushtaq (2011) Consociationalism And Multi-ethnic States: Post 197 Pakistan-a Case Study. PhD thesis, Bahauddin Zakariya University, Multan.
Muhammd Shakeel , Ahmad (2011) Electoral Politics in NWFP 1988-1999. PhD thesis, Quaid-i-Azam University, Islamabad.
Khalil-ur-Rahman, Shaikh (2011) Pakistan-Japan Political & Economic Relations In Post Cold War Era: Challenges And Responses. PhD thesis, University of Sindh, Jamshoro .
Muhammad, Ibrahim (2011) Role Of Biradari System In Powerpolitics Of Lahore Post Independece Period. PhD thesis, Bahauddin Zakariya University, Multan .
Jalbani, Din Muhammad (2010) A Critical Analysis of Governments Poverty Alleviation Policies with Special Reference to Rural Sindh. PhD thesis, University of Karachi, Karachi .
Butt, Khalid Manzoor (2010) Child Labour in Human Rights Perspective: Case Study of Child Scavengers of Urban Areas of Lahore. PhD thesis, Govt. College University, Lahore.
Javed, Muhammad (2010) Muhammad Ubaid Ullah Sindhi k Siyasi Afkar ka Asar e hazir k Tanazur main Tehqiqi Jaiza. PhD thesis, University of Karachi, Karachi .
Memon, Aslam Pervez (2010) Vifaq e Pakistan r Qoumi Yakjehti 1947 - 1971 ka Siyasi jaiza. PhD thesis, University of Karachi, Karachi .
Ahmed, Zahoor (2009) A Specific Study of District Gujrat, Toba Tek Singh, Sargodha, Multan and Lahore. PhD thesis, Federal Urdu University of Arts Sciences & Tech. Islamabad.
CHANDIO, AMIR ALI (2009) Politics Of Sindh Under Zia Government An Analysis Of Nationalists Vs Federalists Orientations. PhD thesis, Bahauddin Zakariya University, Multan.
Anjum, Azra (2008) ECONOMIC HUMAN RIGHTS AND THEIR IMPACT ON CONTEMPORARY CONSTITUTIONS. PhD thesis, University of Karachi, Karachi.
Taheri, Muhammad Reza (2008) Tribal Politics in Balochistan 1947-1990. PhD thesis, University of Sindh, Jamshoro.
Ayoubi, Laila (2006) Home Schools for Afghan Refugees Girls in Pakistan 1996-2005. PhD thesis, Preston University, Kohat.
Mustafa, Ghulam (2006) Regional Co-Operation Among Muslim States-A Case Study of Gulf Co-Operation Council. PhD thesis, University of Peshawar, Peshawar .
Ahmed, Parvez (2005) CHANGING ROLE AND IMAGE OF JUDICIARY IN PAKISTA FROM 1988 TO 1999. PhD thesis, Bahauddin Zakariya University, Multan.
Rizvi, Arshad Javaid (2005) The Political System Of Pakistan ( A Constitutional Study ). PhD thesis, Hamdard University, Karachi .
Nasir, Mughith Ahmed (2004) INFLUENCE OF TRIBALISM ON THE POLITICS OF FAISALABAD DIVISION. PhD thesis, Bahauddin Zakariya University, Multan.
Khalid, Tanveer (2004) ISLAMIZATION IN PAKISTAN: A POLITICAL AND CONSTITUTIONAL STUDY FROM 1947-1988. PhD thesis, University of Karachi, Karachi.
Zain, Umer Farooq (2004) Separatist Movement in the Indian Punjab. PhD thesis, Bahauddin Zakariya University, Multan.
Kazmi, Shehla (2003) M. A. JINNAH: LEADERSHIP PATTERN. PhD thesis, University of Karachi, Karachi.
Chishti, Naheed Anjum (2003) Pakistan National Integration. A Case Study. PhD thesis, Bahauddin Zakariya University, Multan.
Raza, Amera (2003) The Global Village And Changing International Attitudes. PhD thesis, Hamdard University, Karachi .
Al-shehri, Muhammad Awdah (2002) Pakistan-Saudi Relations: A Study in Bilateral Cooperation in Political Economic and Military Fields (1867-1991). PhD thesis, University of the Punjab, Lahore.
Khan, Ghulam Sarwar (2002) Politics of Feudalizm in Southern Punjab (1970-80). PhD thesis, Islamia University, Bahawalpur.
Akhtar, Shahnaz (2002) THE ROLE OF THE ORGANIZATION OF THE ISLAMIC CONFERENCE IN POLITICAL AND ECONOMIC CO-OPERATION OF THE MUSLIM WORLD. PhD thesis, Bahauddin Zakariya University, Multan.
Gopang, Pir Bakhsh (2001) Constitutional Foundations of Federalism: A Case Study of Pakistan (1956-1988). PhD thesis, University of Sindh, Jamshoro.
Nazir, Muntzra (2001) FEDERALISM IN PAKISTAN: 1947-58. PhD thesis, University of the Punjab, Lahore.
Syeda, Saiqa Zubeda (2000) ISLAMIC POLITICAL SOCIOLOGY IN THE MODERN AGE: THEORY AND PRACTICE. PhD thesis, University of Karachi, Karachi.
Thaheem, Nagina Perveen (1999) A Social- Psychological Study of Perceptions of Senior Teacher and Senior Students about Themselves and Each Other at Alama I.I Kazi Campus University of Sindh Jamshoro. PhD thesis, University of Sindh, Jamshoro.
Bukhari, Syed Mussver Hussain (1999) PAKISTAN, ETHNIC NATIONALISM AND POLITICS OF INTEGRATION. PhD thesis, Islamia University, Bahawalpur.
Abdul , Rauf (1998) (Urdu) Pakistan Ma Islami Nizam e Hokmat Kay Nifaz Ka Masala. PhD thesis, Bahauddin Zakariya University, Multan.
Kundi, Mansoor Akbar (1998) Revolution in Afghanistan: Case Study of Its Causes & Effects. PhD thesis, University of Balochistan, Quetta .
Muhammad, Ayaz (1998) Some Political Aspects of Local Government Finance in Punjab. PhD thesis, Islamia University, Bahawalpur.
Khan, Mohammad Usman (1997) TRIBAL POLITICS IN BALOCHISTAN 1947-1990. PhD thesis, University of Karachi, Karachi.
Khan, Rahmat Ibad (1996) IMPACT OF POLITICAL CULTURE ON POLITICAL DEVELOPMENT OF BALOCHISTAN. PhD thesis, University of Karachi, Karachi.
Musarrat, Razia (1995) Pakistan:Federalism Andnational Integration. PhD thesis, Islamia University, Bahawalpur.
Chaudhary, Muhammad Azam (1995) PUNJAB CONTRIBUTION TO PAKISTAN MOVEMENT 1849 TO 1947. PhD thesis, University of Karachi, Karachi.
Siddiqui, Hameed Raza (1994) (Urdu) Pakistani Parlimani Jumhoriat (1947-1958). PhD thesis, Bahauddin Zakariya University, Multan.
Hussain, Syed Ahmad Uddin (1994) Development of Local Government Institutions in the Province of the Punjab. A Critical Assessment. PhD thesis, Bahauddin Zakariya University, Multan.
S. Shariff, Muhammad Abdul Salam (1994) Political Development in Nigeria 1945-1988. PhD thesis, University of Sindh, Jamshoro.
Chodho, Muhammad Murad (1994) Political Movements in Larkana and Its Impact on the Struggle for Pakistan (1945 to 1947). PhD thesis, University of Sindh, Jamshoro.
Khan, Abdul Hamid (1993) Islamization:Islamic Ideilogy and its Implementation in Pakistan” (1972-85). PhD thesis, Islamia University, Bahawalpur.
Khan Malik, Sandha (1993) Pakistan - A Case Study in Threat Perception. PhD thesis, University of the Punjab, Lahore .
Khan, Rashid Ahmad (1991) PAKISTAN POLICY TOWARDS ARAB-ISRAEL CONFLICT (1948-1973). PhD thesis, University of the Punjab, Lahore.
Wajidi, Muhammad Abuzar (1990) KMC: A STUDY OF ITS ADMINISTRATIVE & FINANCIAL ORGANIZATION. PhD thesis, University of Karachi, Karachi.
Shamayleh, Fadi (1988) (Arabic) Islamic Political System. PhD thesis, University of Sindh, Jamshoro.
Aslam, Farhat Imrana (1988) Constitutional Development in Pakistan-1972 to 1985. PhD thesis, University of the Punjab, Lahore .
Karim, Syed Arshad (1988) Ideology, Leadership and Jehad as Agents of Political Movement - a Case Study of the 19th Century Bihar. PhD thesis, University of the Punjab, Lahore .
Makhdoom, Khalid Javed (1987) Interaction of Ideology and Strategy in Pakistan Foreign Policy 1947-1960. PhD thesis, University of the Punjab, Lahore .
Shaikh, Muhammad Hassan (1987) Role of Political Parties in Pakistan 1969-1977. PhD thesis, University of Sindh, Jamshoro.
Hasnat, Syed Farooq (1986) The Persian Gulf 1971 -78 and Analysis of the Regional Security System. PhD thesis, University of the Punjab, Lahore .
Sangi, Ghulam Ali (1985) Role of Education in Socio Political Economic Conditions in Larkana District during Talpur and British Period. PhD thesis, University of Sindh, Jamshoro.
Khan, Hidayatullah (1983) Public Service Organization–An Ideal Type for Pakistan. PhD thesis, University of Peshawar, Peshawar .
Chano, Sabeb Khan (1983) The Movement for Separation of Sind from the Bombay Presidency 1847-1937. PhD thesis, University of Sindh, Jamshoro.
Shahkar, Abdol Hassain (1982) Political Process in Iran 1941 to 1979 - A Study of Muhammad Raza Pehlavi's Politics. PhD thesis, University of the Punjab, Lahore .
Zangano, Muhammad Laique (1980) (Sindhi) Tahreek-E-Pakistan Mein Sindh Jo Hiso. PhD thesis, University of Sindh, Jamshoro.
Razvi, S. Rizwan Ali (1977) "NIZAM AL-MULK TRUST" HIS CONTRIBUTION TO STATECRAFT, POLITICAL THEORY AND THE ART OF GOVERNMENT. PhD thesis, University of Karachi, Karachi.
Shaikh, Ikramul Haq Pervez (1977) Contributions of Muslims of Sindh Towards Making of Pakistan. PhD thesis, University of Sindh, Jamshoro.
Rizvi, Shahid A. (1977) LOCAL GOVERNEMNT IN PAKISTAN A CRITICAL STUDY. PhD thesis, University of Karachi, Karachi.
Khanam, Akhtar (1973) THE ROLE OF ISLAM IN THE GOVERNMENT OF PAKISTAN. PhD thesis, University of Karachi, Karachi.
Farooqi, Mohsin (1971) Study of Local Government Institution in Sindh during British Period 1843-1947. PhD thesis, University of Sindh, Jamshoro.
Khan, Shafiq Ali (1967) EVOLUTION OF TWO NATION THEORY WITH REFERENCE TO INDIA AND PAKISTAN. PhD thesis, University of Sindh, Jamshoro.
Hassan, Parveen Feroze (1967) THE POLITICAL PHILOSOPHY OF IQBAL. PhD thesis, University of the Punjab, Lahore.
Khan, Bashir Ahmad (1959) THE POLITICAL AND SOCIAL POSITION OF INDONESIA IN ITS SOUTHEAST ASIAN SETTING. PhD thesis, University of the Punjab, Lahore.
Hamid, Abdul (1950) SIR SAYYID AHMAD KHAN AND THE GENESIS OF THE MUSLIM SEPARATIST MOVEMENT IN POLITICS: AN INTERPRETATION. PhD thesis, University of the Punjab, Lahore.
Kaw, R. K (1943) THE DOCTRINE OF RECOGNITION (PRATYABHIJNA DARSANA) PHILOSOPHICO-RELIGIOUS DOCTRINE OF KASHMIR. PhD thesis, University of the Punjab, Lahore.
M.A., Indra (1940) ORGANISATION FOR WAR AND PEACE IN ANCIENT INDIA. (600 BC. TO 700 AD). PhD thesis, University of the Punjab, Lahore.
Mahajan, Vidya Dhar THE EXECUTIVE CONTROL OVER THE MUNICIPALITIES IN THE PUNJAB. PhD thesis, University of the Punjab, Lahore.

Tuesday 22 January 2013

Twin births, divergent democracies: The social and institutional origins of regime outcomes in India and Pakistan, 1920-1958 by Tudor, Maya Jessica PhD Thesis Princeton University, 2010

Abstract
The central puzzle motivating this study is, why did the regime trajectories of India and Pakistan quickly diverge within a decade of their twin independences in 1947? Empirically, both India and Pakistan seemed equally unlikely to create stable and democratic regimes. Upon independence, both countries had emerged from an extended period of British colonial rule with low levels of economic development and broadly similar state institutions. Both states were governed as infant democracies under the same legal instrument until their sovereign constituent assemblies promulgated new constitutions. Both countries were beset by refugee crises, food insecurity, as well as security challenges. And both countries were governed by single dominant parties that were supported by multi-class coalitions and which had some experience governing at provincial levels prior to independence.
Yet, within a decade of their independence, the regime trajectories of India and Pakistan had radically diverged. India promulgated a constitution enshrining elections based on universal adult franchise, held national elections in the context of full civil and political liberties, and installed an elected chief executive. Pakistan's constitution-making process stalled, with its sovereign constituent assembly being twice dismissed by an autocratic chief executive, and with eight national administrations cycling through power with increasing rapidity until the military coup of 1958 formally ended its tentative democratic experiment. These different regime trajectories involved variation in both regime type as well as regime stability.
Drawing on elite interviews, an extensive analysis of colonial government records and party documentation, among other sources, I show how the most common explanations for democratization, such as low levels of economic development or high levels of inequality, cannot convincingly account for these divergent outcomes. Instead, I argue that two inter-related but causally independent variables provide the most compelling account of the divergent outcomes: the class compositions of their independence movements and the strength as well as content of their dominant political party at independence. Class interests had a powerful but historically conditioned impact on the type of post-independence political regime each independence movement was likely to establish. Because a landed aristocracy with disproportionate access to material resources and social status led its independence movement, Pakistan was very unlikely to create a post-independence regime which institutionalized opportunities for the redeployment of resources and status to other social groups, namely a democracy. Because an urban, educated middle class with a distinct material interest in creating more representative political institutions led its independence movement, India was substantially more likely to create a post-independence democracy.
Different social classes were motivated by their class interests to strategically create political parties of varying strength (along the dimensions of ideology, alliances, and organization) which directly impacted the likelihood of post-independence regime stability. First, the creation of a programmatic nationalism in India made its political party substantially more able to broker state-building compromises (providing for regime stability ) while the content of Indian nationalism meant that its regime was likely to be a democracy. Second, while the pursuit of class interests led to an alliance between segments of the middle class in India, the same pursuit in Pakistan led to the creation of an alliance between a landed aristocracy and a peasant movement, an alliance with diametrically opposed redistributive interests. Stable, shared redistributive interests within its alliance meant that India's dominant political party was better able than Pakistan's to broker state-building compromises after independence, thus providing for regime stability . Third, while India's independence movement created a centralized and disciplined party organization, Pakistan's independence movement remained a top-heavy party organization with little institutional independence from its charismatic leader. Upon independence, the presence of a centralized, representative intra-party organization in India meant that its dominant political party was more able to quickly and decisively broker state-building compromises after independence, providing for regime stability.
This dissertation provides an original explanation for a puzzling divergence in regime outcome which remains insufficiently explained by extant scholarly literature on democratization. The argument developed here highlights that while regime outcomes hinge on redistributive conflicts, that social groups choose alliances, espouse ideologies, and build political institutions in response to a status quo distribution of power. Once created, these political institutions can affect, sometimes deeply, group understandings of whether democratization and regime stability is desirable.

Judicial independence: The judge as a third party to the dispute Neudorf, Lorne, McGill University, LLM Thesis 2009

Abstract
In this thesis, the author sets out a conceptual framework for judicial independence. From the starting point of adjudication as the basic function of the judiciary, the author embarks on an historical inquiry to shed light on the judicial determination of disputes. This inquiry reveals an ancient tradition of adjudicative impartiality stretching back to ancient Egypt. This tradition of impartiality is the unifying theme in Hobbes' theory of law. In the state of nature, each person possesses complete liberty. In order to enter into a peaceful society, persons must give up the right to decide their own disputes. Since persons can no longer act as their own judges, a third party must resolve legal conflict. Given this understanding, the author proposes the perception of impartiality as the fundamental rationale of judicial independence. Judicial independence creates the necessary space between judges and potential sources of undue influence to preserve the status of the judge as an impartial third party to the dispute. Finally, the author critiques the doctrine of judicial independence in Canadian law from the perspective of this conceptual framework.

Monday 21 January 2013

Recently completed PhD Theses on Law in Pakistani Universities

Munir, Muhammad (2010) Precedent in Pakistan Legal System. PhD thesis, University of Karachi, Karachi.

Khan Sherwani, Zafar Ahmed (2009) The Laws of Probation and Parole, Their Applicability and Effects in Pakistan Vis-A.Vis Third World Countries. PhD thesis, University of Karachi, Karachi.

Khan Sherwani , Shafaat Nabi (2009) White Collar Crimes in Pakistan and Anticorruption Laws Vis-A-Vis to SAARC Countries. PhD thesis, University of Karachi, Karachi.

M. Shamim, Rana (2005) THE ROLE OF JUDICIARY IN ENFORCEMENT OF FUNDAMENTAL RIGHTS. PhD thesis, University of Karachi, Karachi.

NOOR MUHAMMAD , MUHAMMAD NAWAZ (2005) THEORY OF EXCUSE ITS EFFECT ON OBLIGATION: COMPARATIVE STUDY OF ISLAMIC, EGYPTIAN AND PAKISTANI LAW. PhD thesis, International Islamic University, Islamabad.

Niazi, Muhammad Mustafa Jan Muhammad (2004) RIGHT OF PERMANENCY: A COMPARATIVE STUDY BETWEEN ISLAMIC JURISPRUDENCE & PAKISTAN AND EGYPTIAN LAWS. PhD thesis, International Islamic University, Islamabad.

Sayah , Muhammad Ben (2002) (Arabic) Personal Civil Rights in Islamic and Positive Law. PhD thesis, International Islamic University, Islamabad.

Naeem, Muhammad (1991) SCOPE AND APPLICATION OF LAW OF TORT IN PAKISTAN. PhD thesis, University of the Punjab, Lahore.

For free download
http://eprints.hec.gov.pk/view/subjects/g11.html 

INTERNATIONAL HUMAN RIGHTS LAW AND ISLAMIC THEORY OF LEGISLATION: INSTITUTIONALIZATION OF IJTEHAD, A WAY FORWARD FOR A MODERN MUSLIM NATION STATE By Abdur Rauf Khatana

Introduction
Having sought the consent of states through treaties, International Human Rights Law (IHRL) is devoted to achieve its universal scope and jurisdiction. Muslim States are well behind from the others in showing their adherence to fully preserve the spirit of IHRL treaties. Critics blame the arguable rigidity of Islamic law and its mixture with patriarchal culture being a suggested reason for the failure of Muslim States in adopting domestic legislation in order to protect and promote the international standard of human rights. Islamic scholarship pursues this debate in variant ways. Modernists stress on the evolution of Islamic law to be taken as a tool of reformation in that regard. Traditionalists accept the progressive nature of Islamic law in principle however remain stuck with the classical positions. The institutionalization of Ijtehad, as I deem it a new mode of ‘Islamic theory of legislation’, seeks an articulation of the eternal principles of Islamic law for law making on one hand while on the other elicits for the restoration of the role of scholars/jurists in process of main stream legislation tacking place in the legislatures of the contemporary Muslim States. The work in hand attempts to bring both legal and historic evidence in order to establish the very progressive nature of Islamic law that is inherently capable of reflecting any development on the ground. After sketching a brief account of background of Islamic Law in first section, the second section evaluates a state of human rights in contemporary Muslim World and invokes the treaty obligations on states seeking domestic legislations to rescue international standards of human rights. Third section portrays the picture of legislative mechanism taking place in different stages of the history of Islam. Sections four and five co-relate the modern principles of legislation with theory of the higher objectives of Shariah. Section six gives an account of the qualifications set for the legislators while section seven consists of my suggestion how Ijtehad can be institutionalised and what variables are available for adopting a contemporary ‘Islamic theory of legislation for a modern Muslim state’.

Conclusion
The 21st century is dedicated to human rights, declared to be universal for every human regardless of his creed, cult, region, race and nation. An achievement of the stated objective of the regime of international human rights would certainly be considered the greatest triumph of this century. The human rights discourse finds almost common precepts of human interests across the nations and regions therefore some elements of its universality can never be simply overruled. However the manner, in which such common interests of humanity have been addressed in international human rights treaties, has invited different reactions from the prevalent theologies, civilizations and politics in different communities of the world. Particularly in the Muslim world, on one hand the states have joined the treaties and rendered their alliance for the preservation of human rights therein while on the other these rights continue to suffer resistance in their smooth application on account of religio-cultural pluralism embedded in the Muslim civilization. Islam, a fourteen hundred year aged religion that occupies one fifth of entire human population, is capable to provide its followers a complete code of life through its ever growing legal system. The doctors of Islamic Law however vary while approaching international human rights, particularly the provisions dealing with gender equality, freedom of religion, minorities’ rights and prohibition of corporal punishments. Diversity in legal thought of Islam is not unique to the current century rather it has been an ongoing process right from the beginning. This is why the Prophet of Islam (PBUH) described such a pluralism not to be harmful for his community but a source of blessing from the Almighty. Islamic literature as a whole and Islamic legal tradition in particular is therefore very much capable of adaptability and development. Unlike other religions, Islam never leaves its subjects unguided whatever situation they are confronted with.
Until medieval times, the Muslim intellect adherent to the cause of Islam openly accepted every challenge of the time and put their best of endeavour in interpreting the eternal principles enshrined in divine texts and maintained the growing momentum of Islamic sciences. However, by the end of medieval age of Islam, due to various ex-factors, some of which have been discussed in this study, Islamic law became stagnant. Ijtehad, the “principle of movement in the structure of Islam” could keep itself alive only in letter but not in finest practice.
The century we are living in, poses the challenge of human rights before the world of Islam. The human rights regime as indicated in this study can be rightly termed as an advanced phenomenon of democracy. Democracy is a system of government that embodies the rule of the “general will” through social contract between the rulers and the subjects. Such a system in the current world is dynamically practiced in a “nation-state”. Islamic principles such as, Ra’y ul jamhoor/majority opinion, Consensus of community/Ijma’ or Shura, the community of Islam/Ummah, are taken by Islamic Modernists as parallel to the idea of democracy and nation-state only subject to ‘divine will’. Despite of many differences between scholars, the majority of Muslim States have generally accommodated these two vital philosophies in their respective polities in order to pursue the political fate of Islam. However, the state of law has not been brought out of slumber yet. The current abuse of public and private rights throughout the Muslim world, therefore, is worst demonstrated in the whole history of Islamic legal regime. Though, by the virtue of the divine mandate, the Islamic State had to be most efficient and dynamic in protecting human honour.
The “Islamic theory of legislation” needs to articulate the principles of Islamic jurisprudence to govern the legislative process functioning in modern Muslim nation-states. In my opinion, by restoration of the traditional role of the scholars/jurists in mainstream legislation provides the only efficient and workable way-out in order to achieve the necessary reformation in all social, political, religious and legal institutions of contemporary Muslim world. This will help modern Islamic thought to absorb and “Islamicize” the notion of democracy, pluralism and human rights.

This is the introduction and conclusion of the article published in the JOURNAL OF LAW AND SOCIAL POLICY, Vol 1, Issue 1, January 2012, 13-56

Tuesday 15 January 2013

Imprudent, Inappropriate and Uncalled for!

Some may rejoice it as another landmark decision by the Supreme Court of Pakistan. This is indeed audacious. However, for any student of political science and law, this is not an appropriate step, which a prudent judge might have taken in these circumstances. This is not merely because of the timing of the decision, it is also because of its content. Corruption is indeed a big issue in this country and it should be rooted out. But the deeper roots of corruption go back to the very foundations of the system, to which, unfortunately, the superior judiciary is an integral part.

If a government passes a bad law, we have a mechanism of judicial review to get the law right. Likewise, if a military rule is imposed we can have a recourse to superior courts. If a government is doing badly, we can oust it in the next elections. But where should we go if the Supreme Court errs?

The worst dilemma in this country is that everyone is claiming to have the mandate of the people, except the politicians who are in fact elected by the public. This might be a reflection of how unrepresentative the political system is. It is also true that the judges were restored as a result of popular movement, which was resisted by the current government. However, this does not give the judges an authority to super impose themselves on all state institutions. 

The power vacuum created by inept politicians does not provide a justification to other state institutions to cross their limits. An encroachment on the powers of legislature and executive is condemnable, whether it is by the army or the judiciary. We cannot accept it as a necessary evil.

Sunday 13 January 2013

On Imposition of Governor Rule in Baluchistan

Whereas the satisfaction of the demand of mourning and protesting Hazaras is a good news, it is yet another sad day in the constitutional history of Pakistan. It is a depiction of the fact that our politicians are inept to run a government. Despite the fact that law and order situation in Baluchistan was in an extremely bad conditions, the CM Aslam Raisani was not even present in Quetta. This speaks volumes about who run the government in the province.

Whether the dismissal of the political government in the province will bring a positive change in the province, especially regarding protection of the prosecuted Hazara community? Let's hope for the best. However, this appears to be a cosmetic change. One need not make a hard search in order to establish that who has the writ in that province. It is a sad fact that democratically elected governments in Pakistan lack the moral authority. The dismissal of an inept toothless political government in Baluchistan has removed the difference in de facto and de jure authority. This will send a strong signal to those who are bent upon challenging the writ of the state in Baluchistan.

However, let this emergency measure of governor rule be temporary. A road map should be prepared in order to have a transformation to a representative political set up. In the end, these are the people who can best protect their interests. We have had many benevolent rulers. No more please.

It is lamentable that the PM Raja Pervez Ashraf took this decision after the advice of MQM chief Altaf Hussain, ANP chief Asfandyar Wali and PML-Q leader Chaudhary Shujaat Hussain. Let our politicians remember that in our history an imposition of governor raj in one province has almost always led to an imposition of military rule in the whole country, sooner or later. It is the politicians, not military, who can solve our political problems and ensure a smooth working of democratic system in Pakistan.

Wednesday 9 January 2013

Transformation of Sharia into State Law in British India and its Current Relevance in Pakistan

Under the English legal system in British India Sharia was transformed into the state law to suit the requirements of the colonial state. The state wanted certainty of law. Therefore, classical legal texts such as the Hidaya and the Fatawa al-Alamgiriyya were translated and transformed into the ‘codes of law’. This adversely affected the traditional role of ulama as the custodians of Fiqh and intermediaries between the state and community.

Further, adjudication of legal disputes also played an important role in the transformation of Sharia because of the binding legal nature of the decisions of higher courts. Legal commentaries systematically organised these decisions in the form of textbooks. These textbooks were used by lawyers and judges. Some of the important legal commentators included Macnaghten, Ameer Ali, Wilson, Tyabji, Mulla, Abdur Rahim, Vesey-Fitzgerald and Fyzee. These textbooks were also taught at law schools. The graduates of local and foreign law schools replaced ulama as the cultural intermediaries between the colonial state and native community. This changed the pre-colonial arrangement between rulers, as the representatives of political power, and ulama, as the representatives of moral authority. This also diminished tri-laterial categorisation of Sharia (Fiqh), Qanun (rulers ordinances) and Urf (custom), which prevailed in the pre-colonial judicial system. The result of the interaction between Islamic and English legal systems was Anglo-Muhammadan Law, later called Muhammadan law or Muslim Personal law. This system did not require the participation of ulama in its operation.

The current legal and judicial system of Pakistan inherited this heritage from the colonial state. However, ulama tried hard to get their share in this system. In the 1980s they achieved considerable support from the state. The establishment of the Federal Shariat Court and the Shariat Bench in the Supreme Court gave them the position of judges, albeit their judicial powers remain limited. Ulama could have contributed in lessening the judicial problems by providing an alternate dispute settlement mechanism at least in family law cases. However, no substantial step in this respect has yet been taken. 

During the last couple of decades, a surge in Islamic banking and finance has given traditionally trained ulama an unprecedented leverage to influence the commercial activities and simultaneously improve their economic conditions. However, the chances of ulama getting back their moral authority over the society depend on their probity and piety as observed by the masses. 

In the socio-political context of Pakistan, it is hard, though not impossible, for an honest religious scholar to win political sympathies of the public. In this scenario, whether ulama would do better by staying away from dirty politics and by performing their historical and traditional function of guiding the society by setting personal example of piety and honesty? Ideally this should have been better for them and the society. Yet Pakistani political history has shown, time and again, that religion motivates the masses more than anything else. Therefore, as the custodians of faith, ulama can hardly keep themselves off politics. They will continue to play an important role in the political and legal system of Pakistan.

Monday 7 January 2013

Book Review: The Long Divergence: How Islamic Law Held Back the Middle East? by Timur Kuran

Book Review: The Long Divergence: How Islamic Law Held Back the Middle East? by Timur Kuran Princeton University Press, Princeton and Oxford, 2011
Reviewed by Zubair Abbasi, DPhil Law Candidate, Oxford University

The economic descent of Muslim world since post medieval period and its continuous underdevelopment is one of the most puzzling questions of world history. Although the rise and fall of nations is a recurring theme in human history, yet a hibernation stretching over half a millennium is unprecedented. Some historians are of the view that it is not that the Muslim world declined rather it is Europe, which surpassed rest of the world. The rise of Japan in the early 20th century and the economic ascent of China and India in recent years indicate that other nations of the world are equally capable of making progress and competing with the Western world.

There have been various explanations for the continuous economic stagnation of the Muslim world in general and that of the Middle East in specific. It is pointed out that its geographical location made the Middle East vulnerable to military attacks from various sides. This problem was exacerbated by plagues and famines that reduced a large number of population during the 14th and 15th centuries. This was followed by the change of routs of international trade that eclipsed the commercial centers of the Middle East during the 16th and 17th centuries. A combination of these physical factors did not allow commerce and industry to flourish. Consequently, scientific and technological revolution could not take place and thus the Middle East was left behind in economic prosperity and political ascendancy. These explanations were challenged by some scholars who focused upon the role of human beliefs and attitudes in responding to challenges posed by the change of circumstances. The popular explanation in the West has been based on culture whereby Islam is regarded as the primary cause of underdevelopment. This explanation is endorsed by the fact that unlike Christianity, Islam did not went through the process of reformation. This appears to be a logical corollary of Weberian thesis that places the Protestant Ethics at the heart of the rise of the West.

In this context, an important contribution of Kuran’s The Long Divergence is that it offers an alternative and startling explanation of the decline of Muslims. He identifies certain features of Islamic law that proved economically inefficient. His argument is: first and foremost, the egalitarian Islamic law of inheritance discouraged accumulation of wealth by dividing wealth amongst the members of family. The permissibility of polygamy exacerbated this problem as it caused fragmentation of the wealth of a rich merchant who had several wives and many children. As the merchant class and nobility could not accumulate enough wealth, they failed to gather sufficient strength to pressurize the political elites for pro commerce policies. Therefore, the rulers remained authoritarian and anti-mercantilist. Some other aspects of Islamic law also contributed to the problem. For instance, the law of contract and partnership remained simple. The alternative to the corporation under Islamic law—waqf—was ineffective to respond to changing commercial needs. Although the law against interest was avoided through legal stratagems, such devices imposed their own costs and consequently deprived the commerce from the primary engine of growth—credit finance. The prohibition of apostasy not only discouraged Muslims from criticizing the Islamic legal institutions, it also made it impossible for Muslim merchants to use non-Muslim legal system for conducting their businesses.

Professor Kuran’s ideas have attracted a lot of intellectual attention since he started his work on Islamic law and development in the mid 1990s. This book presents an epitome of research stretching over a period of one and a half decade. The book is also unique as it is a systematic analysis of the issue of the decline of Muslims by a Muslim scholar based and educated in the top American universities. The traditional explanation of the downfall of Muslims by the majority of Muslim scholars has been offered in a religious paradigm. It provides that dictators and foreign occupiers are punishment from God for the sins of people. Professor Kuran, for the first time, attempts to establish a causal relationship between Islamic law and economic development. However, this is exactly where his analysis is found deficient. Professor Kuran assumes the religious nature of Islamic law as the primary cause of its being static though he challenges the popular notion of the closure of the gates of Ijtihad. If Islamic law was receptive to change, then why did it not adopt itself by borrowing modern ideas as happened later in the second half of the 19th century? This is especially true with respect to Islamic commercial law, which is not entirely based on the Quran and the tradition of the Prophet (peace be upon him).

Kuran’s answer to this question is that although Islamic law did not remain frozen in time, yet it did not change to an extent to support scale and scope of economic activity. However, it is important to note that in the absence of an economy of scale and scope how could Islamic law have transformed itself? The underlying assumption in Kuran’s thesis is that it is the law that leads towards development. Western experience, however, shows that it is the other way round. It was the commercial activity, which made its way against the rigid common law and the skeptic state.

Kuran rightly compares the Middle Eastern experience with that of the West, which overcame the religious prohibition of interest and the clerical anti-science attitude. But why did the Middle East fail to overcome its hurdles towards development? Can this question be answered within a single paradigm of Islamic law? Kuran defends the accuracy of his approach by arguing that he has traced down the causes of the problem at the root level rather than looking towards the symptoms at the top. He argues that historians have done enough research while explaining the role of state in keeping the Middle East backward. Such an approach, according to him, is inappropriate. However, his own approach ignores the social and political structure of the society entirely. Thus we find Islamic law as all pervasive and the sole binding force in society.

Kuran acknowledges the qanun (imperial decrees) and custom as important sources of law within the Islamic legal system, however, he does not explore their relationship with the legal texts of Fiqh. Why did Islamic law not develop a mechanism to curb the powers of ruling authorities? Why did the merchant class not pool resources through commercial networks and devise mechanism to get rid of simple partnership rules? Whether the corporation is a cause or effect of economic development? Was there actual demand for big businesses in pre-nineteenth century Middle East? Why did the private sector remain small and stagnant while the public sector showed remarkable development in the Ottoman Empire? Why was there no public-private partnership in Muslim states? What is the relationship between economic practice and commercial law?

These are only a few out of myriads of questions, which cannot be answered in a uni-causal paradigm of law offered by Professor Kuran. However, he has successfully generated an important debate about Islamic law and development. This will definitely prompt other scholars and researchers to systematically explore this issue, which remains an undiscovered territory by Muslim intelligentsia for a considerable period of time.


Book Review: Muslim Endowments and Society in British India by Gregory C. Kozlowski

Book Review: Muslim Endowments and Society in British India by Gregory C. Kozlowski, Cambridge University Press, 1985, reprint 2008

Reviewed by Zubair Abbasi, DPhil law candidate, Oxford University

There are three basic reasons for writing a review of this book published a quarter a century ago. First, it remains the most authoritative work on the Muslim endowment (wakf) in India, which is an important institution under Islamic law. Second, it sheds light on the pre-partitioned Muslim society and its leadership. Third, it offers remarkable methodological specimen for a graduate research.

The main source of this work comprises of forty wakf deeds along with the judgments of Indian courts and the Privy Council. However, the writer draws upon rich resources from archives in India and the UK, which include official records, vernacular press, personal memoirs and scholarly texts and commentaries. Interesting comparisons are also made, where appropriate, with the English legal principles, institutions and historical developments. This work is a revised version of Kozlowski’s PhD thesis completed at the University of Minnesota in 1980. The fact that the book is published five years later in 1985 shows that he spent nearly a decade on this small 211 page monograph.

From the perspective of research methodology, this work highlights the importance of reported cases as a rich source for the history of India and Pakistan. A part from recording legal developments, they are a valuable source for documenting the socio-political and economic history of various institutions, families and localities in the subcontinent.

The writer’s choice of wakf for this study is appreciable, as the wakf is the only permanent institution under Islamic law. It was widely used for providing public services as well as the accumulation of family wealth. Mosques, schools, shrines, imambargahs, serais, dargahs, hospitals, public parks and other public utilities were established as wakf in Muslim societies. In a private wakf, the original beneficiaries are usually the family members of the founder with the poor or public services as the ultimate beneficiaries. The wakf was wide spread in Muslim world because of two reasons. First, it could be used to circumvent the strict Islamic law of inheritance, which restricts the discretion of an individual to dispose of his/her property by will. Second, since the wakf property was regarded as sacred, the predatory rulers could not confiscate it without invoking public outrage. Unlike other parts of the Muslim world, the private wakf was not widely used in India until the advent of the British. English courts strictly applied Islamic law of inheritance, which previously was overshadowed by customary practices. This change in legal regime adversely affected the large landowning Muslim elites who increasingly used the wakf devise in order to protect their property from segmentation. The Privy Council, however, declared the family wakf as illegal in 1894.

The Privy Council’s decision, though purported to be based on Islamic law, in fact, reflected the English legal spirit, which could not accept an institution that was to be operated perpetually in accordance with the wishes of the founder only. The “dead hand” of the founder not only kept on operating the wakf but it also withheld the endowed property from market circulation. The family wakf was also used to reserve large properties for the aggrandizement of family without liability to creditors, as the wakf property could not be alienated by the beneficiaries. For the lawyers and judges trained in the English legal tradition, the wakf was an inflexible, pre-modern institution, which did not fit into modern times.

However, the legality of the family wakf proved to be a crucial political issue, which united the interests of landowning elites, the orthodox ulama of different schools, moderate and liberal Muslim intelligentsia and various professionals. Socially prominent and wealthy Muslim families were considered as intermediaries between British rulers and Indian subjects by the Muslim intelligentsia. Interestingly, the London trained Muslim lawyers aligned themselves with the landowning aristocracy. Muhammad Ali Jinnah, who had newly entered into Indian politics, took the lead by submitting the draft bill for correcting the error caused by the judgment of the Privy Council. The press also played an important role in building pressure on the government and finally the Mussalman Wakf Validating Act was passed in 1913.

Kozlowsky’s narration of the story of wakf in India raises important questions about the theory and practice of Islamic law in the subcontinent before and after the advent of colonialism. What was the relationship between the state, Islamic law and customary practices in pre-colonial India? In other words, whether the Fiqh texts provided the law of the land exclusively or they operated along with other legal mechanisms such as imperial decrees and local customs? To what extent there was a difference between the theory and practice of Islamic law in that period? What was the role of Islamic law in the organisation and regulation of society? Whether Islamic law is capable of evolution and development with the passage of time?

Kozlowsky finds that the Muslim society was diverse in its beliefs and practices of Sharī‘a and it was wrong for British rulers to assume that the Indian Muslims formed one entity regulated by a uniformed law. The pre-colonial society was governed more by the custom than by the texts of law. Given this dichotomy in the theory and practice of law and its religious nature, the law was assumed to be static. The English legal system stymied any development in Islamic law by refusing to accept new interpretations of the old texts and by enforcing the doctrine of precedent. Under this doctrine, the rulings of British courts, rather than the Sharī‘a, provided the binding law.

These findings are ingenious and intriguing, which provide insights into the pre-partitioned Muslim society of India. However, there are two related issues, which are conspicuously missing from this work: first, the issue of public wakf properties; and second, the transplantation of new legal institutions in India and their relation with the wakf. Historical sources inform us that a large number of schools and public utilities including monumental buildings such as Taj Mahal were supported through the revenue generating wakf properties for their upkeep. What became of these properties after the regime change? Kozlowsky does not tell about them. Second point that requires further research relates to the reception of new institutions by Indian Muslims. When private/family wakf was invalidated by the Privy Council in 1894, why didn’t the landowning Muslim elite make use of trust, a wakf like English law institution? The trust was introduced in India in 1882 and is regarded as an economically efficient institution. This book focuses on how the Indian Muslims launched a political campaign in order to get legalised the family wakf but sheds no light on the issue of alternate choice, which might have been used by them. This casts doubt on the main conclusion of the writer that the family wakf was merely a devise to protect family wealth and it was only used after the advent of colonial rule.