Islamisation or De-Islamisation?: De-Islamisation of the Law of Evidence under the Disguise of Islamisation by General Ziaulhaq in Pakistan

4 Pages Posted: 24 Mar 2014 Last revised: 7 Apr 2014

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: March 23, 2014

Abstract

There is a lot of literature on Islamisaton of laws in Pakistan at the time of military dictator General Ziaulhaq. However, his de-Islamisation in Pakistan is gone almost unnoticed. This article attempts to highlight the same. It is concluded that the real motive behind the promulgation of Qanun-e-Shahdat Order 1984 was to overrule the Hamida Begum decision under which all those uncodified rules of Islamic law which dealt with topics covered by the Evidence Act had been revived and were again in force, side-by-side with the contrary rules of the Evidence Act, 1872. However, this amounts to de-Islamisation of laws and not Islamisation.

Keywords: Islamisation, de-Islamisation, Pakistan, evidence law, Hamida Begum case, Ziaulhaq

Suggested Citation

Munir, Muhammad, Islamisation or De-Islamisation?: De-Islamisation of the Law of Evidence under the Disguise of Islamisation by General Ziaulhaq in Pakistan (March 23, 2014). Available at SSRN: https://ssrn.com/abstract=2413113 or http://dx.doi.org/10.2139/ssrn.2413113

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

Islamabad, Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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