Islamic Law in Practice: The Application of Qisas and Diyat Law in Pakistan 13 Yearbook of Islamic and Middle Eastern Law 2006-2007

13 Y.B. Islamic & Middle E. L. 97 (2006-2007)
Islamic Law in Practice: The Application of Qisas and Diyat Law in Pakistan

handle is hein.journals/yislamie13 and id is 111 raw text is: 97

Islamic Law in Practice:
The Application of Qisas and Diyat Law in Pakistan
Taloir Wasti*
1 INTRODUCTION
The phrase the Islamisation of law, according to Al-Muhairi,' is used in Islamic
countries2 to refer to the official programme of replacing laws of 'western origin'
with laws based on 'Islamic' sources. This term connotes wider meaning in case of
Pakistan. It is not confined to the replacement of western codes with Islamic ones
but includes the making of new institutions of state, laws, and even Constitutions, in
consonance with the injunctions of Islam.
Since the establishment of Pakistan in 1947, there has been a conflict between
'traditionalist' and 'non-traditionalist' forces in the country over whether an Islamic
order should be enforced in the country or whether it should be allowed to develop
along secular lines as a modern nation state. This struggle has some linkage with, if
not its roots in, the movement for Pakistan. Pakistan was achieved in the name of
Islam has been the popular slogan of the traditionalist ulemna' in Pakistan, irrespective
of whether or not they had taken part in the movement for a separate homeland.
Even the 'indifferent' Abul Ala Maududi (1903-79) had said, why should we fool-
ishly waste our time in expediting the so-called Muslim-nation state and fritter away
our energies in setting it up, when we know that it will not only be useless for our
purpose, but rather prove an obstacle in our path.' However, while delivering a
speech at the Law College, Lahore, on January 6, 1948, he moved away from his
PhD, SOIAS, University of London, Senior Lecturer, Islamic College for Advanced Studies,
Mliddlesex University, London.
I Butti Sultan Butti Ali AI-Muhairi, 'Islamisation and Modernization within the UAE Penal Law:
Sharia in the Modern Era', Arab Law Quartery, 35, 1997.
2 Islamic states are those whose Constitutions declare it to be Islamic or Muslim.
3 Ulema is plural of aiim. The literal meaning of aiim is 'learned in Islamic theology'. It is also used
to mean 'religious leader'; 1 have used the word in this sense.
4 Abul Ala Maududi was one who did not support the Congress unlike other uiema like Rashid
Ahmad Gangohi, Ataullah Shah Bokhari, Maulana Hussain Ahmad Madni, yet criticised the
Muslim League and its leaders vehemcntly for their stanlce onl the idea of Pakistan. That is why
he has been viewed as 'indifferent' to the Pakistan movement by some authors. For details see,
I.H. Qurashi, Ulema in Politics, Lahore, 1972, and Khalid bin Saced, Pakistan: The Formnative Phase,
Karachi, 1960.

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