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The Islamisation of Laws in Practice I

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Chapter Summary

The Peshawar High Court was the only one of the four provincial high courts to report decisions handed down by its Shariat Bench. The first case, Naimatullah Khan v. Government of Pakistan, invalidated an important part of the Land Reforms Regulation 1972, which gave a tenant of agricultural land a first right of pre-emption. In the second case, Gul Hassan Khan v. Govt. of Pak and another, a number of sections of the Pakistan Penal Code I860 and the Code of Criminal Procedure 1898 all dealing with punishments of offences ranging from murder to bodily harm, were declared repugnant to Islam. In the third case, Mst. Farishta v. Government of Pakistan, the Shariat Bench of the Peshawar High Court invalidated section 4 of the Muslim Family Laws Ordinance (MFLO) 1961 as being violative of Islam. The last case dealt with the right to own property.

Keywords: criminal law; Islam; Muslim family laws ordinance (MFLO); Peshawar high court; right to own property



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