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The Assertion of Islamic Law

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Chapter Summary

Islamic law is used in attempts to invalidate ordinary laws on the basis of an alleged repugnance to Islam. The 'repugnance' argument became a common issue in the late 1980s but it can in fact be traced back to the late 1960s. One of the first cases was Chaudhary Tanbir Ahmad Siddiky v. The Province of East Pakistan and others. The interpretation of statutory provisions in the light of Islamic law did indirectly lead to the creation of another gateway for the infusion of Islamic law into the legal system. The key to be turned to open the door to Islam was hidden in the formula 'justice, equity and good conscience'. A review of the case law indicates that it was mainly Justice Afzal Zullah who relied on principles of Islamic law in the interpretation of statutes or the 'filling of gaps' not covered by Pakistan's written law.

Keywords: Afzal Zullah; Islamic law; Pakistan; residual law

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