Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Efect of Repugnance

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The piecemeal invalidation of the pre-emption laws of Pakistan was one of the most controversial decisions ever taken by the shariat courts, with the possible exception of the cases invalidating all laws providing for the payment of interest. A few years later, section 24 of the Land Reforms Regulation 1972, which restricted the alienation of holdings 'below the limit of an economic holding', was held to be repugnant to Islam. The purpose of the provision was to prevent the fragmentation of land into plots too small to provide subsistence for a family. The effect of the shariat courts on the shape of Pakistan's criminal laws deserves special mention. The promulgation of the Hudood Ordinances had already established significant parts of Pakistan's criminal laws on an Islamic basis. The suo moto powers of the Federal Shariat Court have not disappeared, nor has its power to review its own.

Keywords: Federal Shariat Court; land reforms regulation; Pakistan's criminal laws; pre-emption laws

10.1163/ej.9789004149274.i-250.51
/content/books/10.1163/ej.9789004149274.i-250.51
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Role of Islam in the Legal System of Pakistan — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation