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• 1. Introduction
• 2. Postcolonial legality: fragments of the rule of law and constitutionalism
• 3. Martial rule: military-bureaucratic authoritarianism and 'basic' constitutionalism
• 4. Elective dictatorship: socialist populism and the myth of a consensus constitution
• 5. Praetorian governmentality: Islamisation of laws and the genesis of substantive constitutionalism
• 6. Indirect praetorianism: 'public interest litigation' and the first wave of judicial activism
• 7. Military-civil composite: 'military incorporated' and the 'lawyers' movement'
• 8. Corporatist governance: the 'Chaudhry court' and 'judicial proactivism'
• 9. Conclusion: judicialisation of politics in Pakistan.
• (source: Nielsen Book Data)

Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Postcolonial legality: fragments of the rule of law and constitutionalism
• 3. Martial rule: military-bureaucratic authoritarianism and 'basic' constitutionalism
• 4. Elective dictatorship: socialist populism and the myth of a consensus constitution
• 5. Praetorian governmentality: Islamisation of laws and the genesis of substantive constitutionalism
• 6. Indirect praetorianism: 'public interest litigation' and the first wave of judicial activism
• 7. Military-civil composite: 'military incorporated' and the 'lawyers' movement'
• 8. Corporatist governance: the 'Chaudhry court' and 'judicial proactivism'
• 9. Conclusion: judicialisation of politics in Pakistan.
• (source: Nielsen Book Data)

Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.
(source: Nielsen Book Data)

• Introduction
• Rebirth
• Betrayal
• Sin
• Transgression
• Punishment
• Redemption
• Conclusion

"Uncovers the hidden stories behind Pakistan's fixation with blasphemy--tales of revenge, political scheming and sovereign betrayal. Hussain's account opens in nineteenth-century colonial Punjab and traces blasphemy killings to the present, linking their emergence to polemic encounters between Hindu and Muslim revivalist sects, namely the Arya Samaj and the Ahmadiyya. It offers, for the first time, the arresting backstories to the assassinations of Pandit Lekh Ram, a leading Hindu nationalist; Swami Shraddhanand, an early progenitor of Hindu nationalism and the principal advocate for converting Muslims; and Rajpal, the Hindu publisher of a sensationalist book on the Prophet Muhammad. Revenge, Politics and Blasphemy in Pakistan then maps the curious afterlives of these killings, illuminating the most critical moments in Pakistan's history: 1953, when outraged protestors smashed stores owned by religious minorities, triggering the country's first state of emergency; 1974, when Islamist parties pressured Zulfiqar Ali Bhutto to put blasphemy on the constitutional agenda; 1984, when Zia-ul-Haq transformed Pakistan according to his Islamist vision, which included more severe punishments for blasphemy; and the twenty-first century, when digital media has dramatically increased the visibility of blasphemy killings, prompting political parties to demonstrate their commitment to the cause."-- Provided by publisher

• 1. Judiciary, Rule of Law and the Military
• 2. The Loyal Court (1947-1977)
• 3. The Controlled Court (1977-1999)
• 4. Between the Barracks and the Bar (1977-1999: Part 2)
• 5. The Confrontational Court (1999-2017)
• 6. Epilogue: A Judiciary Fragmenting?
• 7. Conclusion and Comparative Perspectives
• Appendix Structure of Pakistani Judiciary.
• (source: Nielsen Book Data)

The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.
(source: Nielsen Book Data)

• 1. Judiciary, Rule of Law and the Military
• 2. The Loyal Court (1947-1977)
• 3. The Controlled Court (1977-1999)
• 4. Between the Barracks and the Bar (1977-1999: Part 2)
• 5. The Confrontational Court (1999-2017)
• 6. Epilogue: A Judiciary Fragmenting?
• 7. Conclusion and Comparative Perspectives
• Appendix Structure of Pakistani Judiciary.
• (source: Nielsen Book Data)

The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.
(source: Nielsen Book Data)

This book covers the study of the Islamic law of succession, intestate as well as testamentary. Based on original sources, it includes the historical and theological basis of law developed by the Muslim schools of jurisprudence. The book explains clearly the Sunni and Shia law of inheritance. The points of view of all four Sunni schools of jurisprudence have been discussed in depth wherever there is divergence of opinion amongst the jurists of these schools. The author presents a comparative study between the Sunni and Shia laws of inheritance and focusses on problems being faced by Muslims, due to the strict application of traditional Islamic law in their contemporary situations. These problems have been analyzed in the light of various reforms introduced by Islamic countries to resolve such issues. The second edition includes the latest case law laid down by the superior courts in Pakistan and the latest reforms introduced by the Islamic countries have also been included in this edition. This book is an essential component of the course on 'Muslim Personal Law' for LL.B. students and the course on 'Islamic Law' for LL.M. students. It will also be of great interest to lawyers, judges, law teachers, law students, civil servants and revenue officers and the general reader and students of Islam.
(source: Nielsen Book Data)

• Introduction - Transnational Law and Advocacy around Labour and Human Rights Litigation.- Part 1: The Ali Enterprises Factory Fire and its aftermath - Litigations, campaigning and transnational collaboration
• Loss and Legibility - A conversation with Saeeda Khatoon.- Legal Interventions and Transnational Alliances in the Ali Enterprises Case - Struggles for Workers' Rights in Global Supply Chains.- Paradoxes of Strategic Labour Rights Litigation: Insights from the Baldia Factory Fire Litigation.- After the Ali Enterprises fire: Occupational safety and health and workers' organising - A conversation with Zehra Khan about current and future struggles.- Pakistan's "Industrial 9/11" - Transnational rights-based activism in the garment industry and creating space for future global struggles.- The Land of Mourning - A conversation with Adeela Suleman.- Four against KiK - A conversation with Caspar Dohmen.- Part 2: Labour and Tort Law Aspects of Global Supply Chains.- The Rana Plaza collapse and the case for Enforceable Agreements with Apparel Brands.- Trade Union Approaches to Global Value Chains - The Indonesian Experience.- Transnational labour law? "Corporate social responsibility" and the Law.- Tort Law and Human Rights. - Part 3: Critical Perspectives on Law and Litigation.- Confined Employment: Exploring Labor Marginalization in Workplace Safety.- The KiK case: A critical perspective from the South.- From Strategic Litigation to Juridical Action.- Toward a Strategic Engagement with the Question of the Corporation: A Critique of Business and Human Rights. .
• (source: Nielsen Book Data)

This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism. .
(source: Nielsen Book Data)

• Pakistan : a brief history
• Blasphemy in Pakistan
• The Christians of Pakistan
• Blasphemy and freedom of expression
• Blasphemy and other human rights violations
• Freedom of expression in a changing world

This book discusses the legislative, sociological and political aspects of the human rights to expression in Pakistan, with specific regard to Pakistan's blasphemy legislation. This book explores the violation of international human rights norms inherent in Pakistan's blasphemy laws, in particular, norms found in the International Covenant on Civil and Political Rights. Weaving in the personal narratives of ordinary people, priests, pastors, layers and human rights organisations, this book examines the impact and pernicious use of blasphemy laws on the Christians of Pakistan

Zulfikar Ali Bhutto speeches in the Supreme Court of Pakistan during his trial from 18-21 December, 1978

On the alleged corruption and misconduct of judges in upper courts of Pakistan; author viewpoint.

• Pre-partition constitutional and political history
• Constitutional and political developments : August 1947 to October 1958
• The Ayub regime : October 1958 to March 1969
• The Yahya regime : March 1969 to December 1971
• The Bhutto government : December 1971 to July 1977
• The Zia regime : July 1977 to August 1988
• Post-Zia civilian governments : August 1988 to October 1999
• The Musharraf regime : October 1999 onwards to August 2008
• The Zardari government : September 2008 to September 2013
• Constitutional and political issues in Pakistan

It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.
(source: Nielsen Book Data)

• Introduction
• The legislation on religious offences of the Indian Penal Code
• The issue of offensive writing and publication and amendments to religious offences laws in British India
• The legacy of British law in independent India and Pakistan
• The application of Chapter XV : of offences relating to religion in West Pakistan from 1947 to 1979
• The legislation on offences relating to religion and Islamization of Pakistan (1979-1988)
• The blasphemy law and the question of the protection of religious communities and their religious rights

"The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. [The author] places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. [The author's] historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. [The author's] thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan."-- Provided by publisher

• Preface
• Introduction
• The colonial state of security
• The postcolonial state of security
• The Anti-Terrorism Act, 1997
• Expansion and entrenchment of the legal regime of security
• Security and the absolute right to life : critical reflections on the revival of capital punishment
• Aliens, identity and legal regime of security on the border
• Epilogue: Kharotabad killings : security and political responsibility.

The War on Terror has been going on for over a decade and it shows no signs of winding down in near future, a war which has directly contributed to growing security regimes in frontline states. This book focuses on the legal dimensions of the War on Terror and security in Pakistan. It highlights the growth of the security state in Pakistan, and questions the growing and by-now entrenched legal security regime in the country. The book traces the roots of the present security laws in colonial and post-colonial times. One broader dimension from which the legal security regime of Pakistan is approached in this book is through highlighting specific issues concerning the legal identity of the subject such as the rights of aliens in the background of state power versus liberal constitutionalism, and the rights of terrorism suspects in the background of deploying death sentence as a tactical, psychological tool versus the absolute right to life (of every individual). By critically reflecting on the increasingly institutionalized form of the security apparatus in Pakistan, the book (indirectly) suggests the legal ways to resist the growing legal security regime and derogation from human rights. Offering a theoretically engaged and critically reflective overview of the current state of individual identity, rights and freedoms in face of a burgeoning legal regime of security in Pakistan, this study makes advances in critical legal studies and critical IR. It will be of interest to academics working in the field of security studies, South Asian Studies, particularly Pakistan, and the War on Terror.
(source: Nielsen Book Data)

• Preface
• Acknowledgements
• Introduction
• Chapter 1: The Colonial State of Security
• Chapter 2: The Post-colonial State of Security
• Chapter 3: The Anti-Terrorism Act, ATA (1997)
• Chapter 4: Expansion and Entrenchment of the Legal Regime of Security
• Chapter 5: Security and the Absolute Right to Life: Critical Reflections on the Revival of Capital Punishment
• Chapter 6: Aliens, Identity, and Legal Regime of Security on the Border
• Chapter 7: Epilogue: Kharotabad Killings: Security and Political Responsibility
• Table of Cases
• Table of Laws
• End Notes
• Bibliography
• Index.
• (source: Nielsen Book Data)

The War on Terror has been going on for over a decade and it shows no signs of winding down in near future, a war which has directly contributed to growing security regimes in frontline states. This book focuses on the legal dimensions of the War on Terror and security in Pakistan. It highlights the growth of the security state in Pakistan, and questions the growing and by-now entrenched legal security regime in the country. The book traces the roots of the present security laws in colonial and post-colonial times. One broader dimension from which the legal security regime of Pakistan is approached in this book is through highlighting specific issues concerning the legal identity of the subject such as the rights of aliens in the background of state power versus liberal constitutionalism, and the rights of terrorism suspects in the background of deploying death sentence as a tactical, psychological tool versus the absolute right to life (of every individual). By critically reflecting on the increasingly institutionalized form of the security apparatus in Pakistan, the book (indirectly) suggests the legal ways to resist the growing legal security regime and derogation from human rights. Offering a theoretically engaged and critically reflective overview of the current state of individual identity, rights and freedoms in face of a burgeoning legal regime of security in Pakistan, this study makes advances in critical legal studies and critical IR. It will be of interest to academics working in the field of security studies, South Asian Studies, particularly Pakistan, and the War on Terror.
(source: Nielsen Book Data)

• 1 A Tale of Two Saints: The Politics of Blasphemy in Pakistan
• 2 Blasphemy, Apostasy and Heresy and the Politics of Outrage
• 3 Debating Blasphemy: Sharia and the Constitution
• 4 Sacralizing the State and Secularizing Sharia: Islamic Politics in the Age of the Nation-State
• 5 The Administrative State Chasing the Goldilocks Moment: The Conundrums of a Muslim Nation-State
• 6 The Fatigue of the Sharia and Contemporary Muslim Politics.
• (source: Nielsen Book Data)

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.
(source: Nielsen Book Data)

• Introduction
• A tale of two saints : the politics of blasphemy in Pakistan
• Blasphemy, apostasy, and heresy and the politics of outrage
• Debating blasphemy : sharia and the Constitution
• Sacralizing the state and secularizing sharia : Islamic politics in the age of the nation-state
• The administrative state chasing the Goldilocks moment : the conundrums of a Muslim nation-state
• The fatigue of sharia and contemporary Muslim politics.

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.
(source: Nielsen Book Data)

On the rules of inheritance in Islam

• Preface
• Introduction
• Colonial justice
• The origins of judicial power
• Structural and constitutional differences
• Modern justiciability standards and procedures
• Executive disqualification and judicial review
• A proposed solution : Justiciability Council and four-element justiciability test.

Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament's laws and the Prime Minister's acts. This hyper-activism was on display during the Supreme Court's unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court's practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court's decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States' and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court's overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan's recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States' to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
(source: Nielsen Book Data)

Autobiography of a retired judge of High Court (Lahore)