The Role of Islam in the Legal System of Pakistan

Islamic Law in an Islamic Republic

“…In fact, both Charles Kennedy and Martin Lau have argued that, in the battle between Pakistan's military and civilian leaders, appeals to the judiciary became so prevalent that, ultimately, it was neither the executive nor the legislature but the judiciary that stepped in to define 'Islam' . 6 In what follows, however, I draw a different conclusion. Agreeing with the Chief Justice mentioned earlier, I draw on an account of Pakistan's constitutional history to show that, in the end, it was actually Pakistan's parliament that emerged as constitutionally supreme.…”

Pakistan's Anti-Blasphemy Laws and the Illegitimate Use of the “Law, Public Order, and Morality” Limitation on Constitutional Rights

“…Justice Chaudhry used a particular interpretation of Sunni Islam -namely, the notion that the Muslim majority may define the outer limits of Muslim identity and engage in group takfirto restrict a fundamental constitutional right. This was an unprecedented exercise of judicial authority, and one that was undeniably illegitimate under international human rights law (Lau 2006).…”

Political Fields and Religious Movements: The Exclusion of the Ahmadiyya Community in Pakistan

“…The Munir Inquiry Report led by Justice Munir combines the secular dispositions of the higher judiciary of Pakistan at that time (Lau, 2006) with the authoritarian ones of the bureaucrats. The Report states at the beginning that it uses the term ''Muslim'' to refer to ''the general body of Muslims who do not believe in Mirza Ghulam Ahmad'' and ''Ahmadi'' to those ''who believe that Mirza Ghulam Ahmad was a prophet'' (LHC, 1954, p. 9).…”