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Riyasat Book By Aflatoon Pdf Free Download Riyasat Book Authored by Aflatoon (Plato). Riyasat is the Urdu translation of the Republic book of Plato which was. This Guide to Law Online Pakistan contains a selection of Pakistani legal Country Profile: Pakistan (Library of Congress) February ; PDF. Pakistan. 4. Extension of Code on extra-territorial offences. 5. Certain laws not to be affected by this Act. CHAPTER II .. Sale, etc., of obscene books, etc.
Due to its simplicity and conciseness which were started to be valued instead of complexity and intricacy thanks to the colonial enterprise, it also captured the attention of the courts and lawyers.
As is evident from his writings, Mulla had interest in various fields of law. He was well-aware of the entire gamut of legal developments and legal mechanics of his age and more particularly the pattern of enacting the legislative instruments. He successfully followed the same pattern in his Principles of Mahomedan Law. The pattern of writing Islamic law in form of sections or propositions of law was not in vogue then. While articulating various section-like propositions in the book, Mulla preferred simplicity over complexity, precision over fluidity and certainty over flexibility.
These features were the trademark of the constructive machine of the colonial enterprise. In his later editions of the book, the applicability of Islamic law to British India was more accurately explained. In addition to manifesting the epoch Mulla was situated in, his understanding of the applicability of Islamic law to British India guided him to select those topics which had relevance to the legal cum judicial system of that era.
During his lifetime, Mulla continued to developing his book and enhancing its volume, incorporating the decisions of the courts of British India. These editions were developed upon the original scheme and the topics of the 1st edition of the book except that some topics were expanded into exclusive chapters.
This restructuring was considered appropriate by the growing jurisprudence of decided cases on alleged conversions of Hindus and Christians to Islam for availing the facility of polygamous marriage and relatively easy manner of dissolution of marriage provided by Islamic law. The section-like propositions formulated by Mulla in his book raises a question about their substance and authenticity.
In other words, what was the source from which Mulla drew these propositions? These books were not consulted in original rather their translations were relied upon by him. This particular aspect demonstrates the prominence attained by the English doctrine of precedent in British India. In pre-colonial era, the practice of the courts was not compiled as meticulously as necessitated by the doctrine of precedent. Though there was a genre known as fatawa compilations of which Fatawa Alamgiri was an important illustration, but these fatawa formed a fluid milieu of legal opinions from which the Qazis were at liberty to choose an appropriate one considering the facts and circumstances of each case.
On the one hand, Mulla had relied on that source material which was produced and prepared by the colonial enterprise and on the other, the same enterprise thenceforth referred to Mulla as another valuable and authentic source of Muslim personal law. This circler relationship generated a unique system of support and sustenance for each other. This simplicity has reduced the constructive space and interpretative discretion otherwise available and exercised by the Muslim jurists and judges while applying the rules to practical situations.
Though his account is an easy way to fathom certain aspects of the categories of marriage in Islam but the same does not sufficiently bring out the complexity of the law in this matter.
PPC Pakistan Penal Code 1860 in Urdu 1.0 Update
Mulla edited ten editions of his book to incorporate the developments made by the judicial pronouncements and various legislative measures. Considering two legislative instruments namely the Mussalman Wakf Validating Act and , he incorporated the changes made in its later edition. This process was maintained by those editors who edited the book after his death. Before , Muslim women could only get their marriages dissolved via the courts on very limited grounds as Hanafi law did not recommend judicial dissolution even if the relationship between the spouses had strained: the wives were at the mercy of their husbands for unknotting the marital tie.
This scenario was substantially modified by the Dissolution of Muslim Marriages Act which allowed women to have recourse to the courts on various grounds. The 12th edition published in brought appropriate modification to the book to correspond to the transformed legal scenario. This process of updating and incorporating the changes into the book was continued by various editors even after the demise of the colonial enterprise.
The Contract Law of Pakistan
No one should object to following the judgments pronounced during the colonial period, but if the judicial decisions were made considering the needs of its time leaving no or little space for evolution under the guise of uniformity and certainty, then unreflective adherence to them may lead to problematic situations and even become source of injustice and repression. They included but not confined to the apparatus of secular state, courts, and firmly engraved tradition of judicial dispensation on the pattern of English legal system.
For the nascent states, it was not possible to avoid these structures and institutions and to evolve alternatives. Hence, Pakistan adopted virtually all of them without any variation at the beginning other than the caption of the state. However, with a passage of time, one may expect that some of the emblems of dependency may have been replaced with home-grown alternatives. To start with, this relationship belies any title for its introduction.
There are some cases in which the courts have probably thought it as a sign of infidelity to refer to any other source except Mulla. This judicial approach projects the book as an exclusively authoritative reference on the subject whose authenticity has never been questioned or disputed. Stepping down from this romanticism, there are plenty of cases where the courts have relied on many books of authority and one of them is Mulla.
The courts, in line with their colonial legacy of the common law system, are more tuned to follow precedent based references in preference to other modes of references. Moreover, the propositions crafted in this manner are bound to leave a void or vacuum which could only be filled by resorting to the original sources of Islamic law or rearticulating the ethos and spirit of the law.
On the other hand, sometimes one may find the courts confining themselves to the exposition of authentic version without disparaging Mulla. Irrespective of the manner in which the judicial approach is manifested in this category of cases, one aspect of emblematic artifact of the colonial enterprise is undone in this process though a little at a time.
We will now analyse some cases bringing to fore the above-mentioned spectrum of shades of the judicial approach. Let us start our analysis by citing some illustrations of romanticism of the Pakistani courts with Mulla.
In this case, the court had to decide whether the disputed property formed part of a wakf. For settling this issue, the court had to first describe the contours of wakf as set out in Islamic law. In this regard, the court exclusively as well as extensively relied on the section-like propositions enumerated by Mulla and it did not refer to any other book of authority to set out the main features of wakf in Islam.
To be precise, the court provided the gist of the paragraphs no. Ultimately, the case was decided as per wisdom drawn from Mulla. Another case demonstrating the same approach is Muhammad Akram v Mst. Chanan Begum. In this case, the court had to decide whether the disputed transaction was a hiba gift. At the end, the case was decided in light of the perspective offered by Mulla.
We do not find any reference to any other Islamic law book in the case. Relying on Mulla, one party argued that gift of undivided property capable of division was not valid without delivery of possession and the other party contended, while referring to the exceptions of the same proposition of Mulla which had been relied upon by the first party, that in certain exceptional situations such transaction of a gift could be validly made.
There are a number of cases of this genre where Mulla has been relied on exclusively to find out Islamic law by the courts. The main issue to be decided in the case was whether a son who had been maintained by his father during his minority would automatically be entitled to maintenance for his educational expenses after attaining majority or a de novo suit had to be initiated for this purpose.
Relying on Mulla, the court observed that, the father was only bound to maintain his son during his minority except in two circumstances, ie, infirmity and disease. Thereafter, the court referred to the books authored by Ameer Ali, Neil Baillie and Nishi Purohit and discovered the possibility of adding some new grounds to the abovementioned exceptions in appropriate cases, including maintenance for educational purposes during majority.
Considering Mulla as providing the basic framework that there were only two grounds ipso facto recognised for automatic extension of maintenance during majority, the court held that an adult son would not be entitled to maintenance for educational purposes unless he had initiated a new case in which he had substantiated his entitlement by bringing relevant and cogent evidence.
In this case, the apex court though considered other books of authority, but their legal potency was not treated enough to shatter the framework imposed by Mulla.
The cumulative reading of paragraphs and of Mulla suggests that a mother loses her right to custody on her second marriage to a person not within the prohibited degree to the minor. The court affirmed that this was not an absolute rule and its interpretation was subject to the principle of welfare of minor.
At the same time, the court concluded that the burden of proof, that welfare of minor required otherwise than what has been stated in Mulla, was on the claimant. Thereby the rule mentioned in Mulla was demonstrated to be of paramount importance and it could only be departed from when the claimant justified with evidence that the welfare of minor necessitated otherwise.
Considering the peculiar circumstances of the case, ie, second marriage of both the father and mother of the minor and non-provision of maintenance by the father, the court refused the leave and held that welfare of minor would prevail over other considerations.
It was held by the court that though principles of Muslim personal law as enunciated by Mulla carried weight, but they would remain subject to the principle of welfare of minor.
The Lahore High Court in Mst. The court referred to extracts from Muhammadan Law by Tyabji and the Hedaya and held that the welfare of child was of paramount importance. In this case, the court was determining the right of an unmarried, educated and earning daughter, as to maintenance from her father. Despite this, the court departed from both of his propositions considering the peculiar facts of the case in light of the case law accumulated by the superior judiciary in Pakistan.
According to the court, this rule must not be followed for discriminating against some children while enriching and supporting other children. Consequently, it was held that the litigating daughter, though was earning, was entitled to be maintained as the other children were being taken care of by the father. According to him, a father is responsible for the maintenance of his daughters until they are married. He did not contemplate the situation of a divorcee daughter and the responsibility of her maintenance.
During the course of their judgments, the courts referred to Ameer Ali and Asaf A. Fzyee as Mulla was silent on the subject. Disentitling the wife from past maintenance was based on one juristic opinion, though there was contrary juristic perspective as well. The Pakistani courts neither follow the tabulated dictum of Mulla nor pay much credence to the difference of opinion and award the past maintenance to the grieving wives in appropriate cases. Mulla described deferred dower as exclusively payable on dissolution of marriage either by death or divorce.
On this, the Pakistani courts have travelled much beyond Mulla. It is fair to point out that some Muslim jurists have made payment of deferred dower dependent on the abovementioned eventualities.
The colonial enterprise, however, preferred this aspect for the sake of simplicity and certainty reducing the others to a nullity. Moreover, when no time is specified for payment of deferred dower, it could be claimed at any time after the consummation of marriage and it would be erroneous to consider its payment as deferred till dissolution of marriage.
This simple proposition seems unequivocal and uncomplicated, but it leaves spaces as to the impact of adoption on other equally important aspects of Muslim personal law. The Pakistani courts have taken unto them the task of filing those spaces in light of Islamic law. In Mst. Ltd and PLD Publishers.
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Court Marriage in Lahore
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CNIC No. NTN No. Mobile No.In this case, the court had to decide whether the disputed transaction was a hiba gift. User acknowledges that provision Pakistanlawsite. One of the first major steps taken by General Ayub Khan was the appointment of a Constitution Commission on 17th February The first session of the National Assembly was held on 17th March The main issue to be decided in the case was whether a son who had been maintained by his father during his minority would automatically be entitled to maintenance for his educational expenses after attaining majority or a de novo suit had to be initiated for this purpose.
More importantly, the point that Jinnah hammered down with great flourish was that Hindus and Muslims were two separate nations who could under no circumstance live in peace in one state. Such Ordinance shall remain in force for a period of 6 months, after the expiration of 6 months if the Ordinance gets approval of the Parliament, it shall automatically become an Act, otherwise if the Parliament does not approve it at the end of the 6 months, it automatically ceases to exist.
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