PAKISTAN ISLAMICUS (An International Journal of Islamic & Social Sciences)

ISLAM, RELIGIOUS FREEDOM, INTERNATIONAL HUMAN RIGHTS, AND THE JUSTICE SYSTEM OF PAKISTAN: A CRITICAL ANALYSIS

Dr Shahid Sultan, Bilal Munir , Muhammad Hamzah, Hafiz Muhammad Azeem — Fri, 04 Oct 2024 00:00:00 +0000

This research paper critically analyzes how the justice system in Pakistan has protected religious freedoms in line with International Human Rights Instruments and the principles of Islam. The study aims to outline the legal framework of religious liberty in Pakistan through a qualitative review of existing literature, judicial decisions, constitutional provisions, relevant legislation, and Islamic perspectives. It also explores the interaction between religious freedom and the criminal justice system in Pakistan. The findings of this study reveal that though International Human Rights Instruments provides a basic international framework for religious freedom, yet Islam had already acknowledged and protected this right long before. The study concludes that the Constitution of Pakistan recognizes religious freedom as an independent human right, though it remains subject to the law. Furthermore, Pakistan's higher courts also support religious freedom in their rulings, but their calls for policy measures to prevent the misuse of religious penal provisions have yet to be implemented. The study also proposes future research on whether religious freedom is an inalienable right or remains subject to legal restrictions. This work offers critical insights into the ongoing discourse on religious freedom.

ISLAMIC BANKING AND SHARIAH GOVERNANCE:A BIBLIOMETRIC ANALYSIS OF KEY THEMES

Mahir Farooq, Dr Muhammad Hanif Akhtar, Dr Muhammad Umer Quddoos — Sat, 05 Oct 2024 00:00:00 +0000

Over recent decades, Islamic banking has grown rapidly, driven by increasing global demand for financial products and services aligned with Shariah principles. To ensure the products and services are aligned with Shariah principles, shariah governance is in place for Islamic banking. However, despite increasing research efforts, our understanding of this domain remains fragmented. To offer a comprehensive overview using the meta-data of 260 research articles from the period of 2009-23, the analysis begins with a description of the sample dataset retrieved from the Scopus database. Bibliometric software, Biblioshiny (Bibliometrix) package of R-Studio and VOS-viewer was utilized to identify key trends and research hot spots through thematic maps, co-occurrence networks, co-citation analysis, keyword analysis, and most relevant sources and affiliations.

The present study used a combination of two categories of research questions intellectual structure and conceptual structure to achieve research objectives. For intellectual structure, this study relied on a co-citation network and co-occurrence of keywords-plus. On the other hand, for the conceptual structure, Co-occurrence network and Research themes analysis was conducted. This study highlights that existing literature centers on the concepts of Islamic banking governance, Shariah compliance, service quality, and financial performance. Moreover, the result of this bibliometric research reveals that Islamic banking governance literature mainly focuses on the impact of Shariah board (SB) characteristics. There is a need to emphasize more on Shariah governance structures, processes, and disclosure practices.

The most prominent countries of origin for research activities in Islamic banking include Malaysia, Indonesia, Pakistan, the U.K., and Tunisia. This research highlights that the sound Shariah governance system, increased collaboration among researchers across jurisdictions, and standardization of the Shariah governance framework across jurisdictions will further promote Islamic banking globally. This study provides valuable insights for researchers, practitioners, policymakers, and government to further strengthen the Islamic banking system. It enhances understanding in a vital area for guiding future endeavors to promote Islamic banking for a more sustainable and efficient banking system.

TRANSLATION THEORY IN PRACTICE: A CONTRASTIVE ANALYSIS OF SEMANTIC AND COMMUNICATIVE APPROACHES IN BULLEH SHAH'S WORK

Saima Raza, Iram Iqbal , Seema Raza — Tue, 08 Oct 2024 00:00:00 +0000

The importance of translation dates back to the time when languages from different cultures started emerging and people started getting interacted with each other being language bounded. This research tries to address a rather modern idea of how the literature is translated using two contrastive approaches and which is the better one focusing upon the theory of the “Communicative Approach to Translation” by P. Newmark more as it is the framework chosen to explain the data in an analytic manner and through a qualitative study design it manually analyzes the translated version of the Poem of Bulleh Shah “Bulleh Nu Samjhawan Aaiyan”with reference to its source text. This research report takes the data from the online web which is commonly used by the people while finding a translation to make it more significant about how the everyday translation matters and works. The selected data to find out whether the semantic approach is used easily and the need of the “Communicative Approach” is more and it is more frequently used than the other theory.

REVIVING THE UMMAH THROUGH INTEGRATED KNOWLEDGE: IQBAL’S CONTRIBUTIONS TO ISLAMIC INTELLECTUAL REVIVAL

Fazeel Eayaz, Maryam Zawar — Fri, 11 Oct 2024 00:00:00 +0000

This study delves into Allama Muhammad Iqbal's philosophy of integrated knowledge, emphasizing the harmonious fusion of reason, revelation, and intuition as a means to revitalize the Muslim Ummah and overcome intellectual stagnation. Iqbal’s visionary framework closely aligns with the concept of Islamization, advocating for the integration of traditional Islamic principles with modern scientific and philosophical advancements to create a balanced epistemological approach. His emphasis on ijtihad (independent reasoning) serves as a transformative tool for renewal, enabling Muslims to confront contemporary challenges such as materialism, globalization, and ethical dilemmas posed by technological advancements. By critiquing intellectual inertia and championing ethical dimensions in science, governance, and education, Iqbal provides a roadmap for an Islamized approach to knowledge. This research highlights the enduring relevance of Iqbal’s ideas, advocating for educational and intellectual reform to inspire holistic progress and restore the Ummah’s leadership in global knowledge production, while fostering a meaningful engagement with modernity within an Islamic framework.

GENDER DISCRIMINATION IN THE LEGAL FIELD IN PAKISTAN

Sun, 20 Oct 2024 00:00:00 +0000

Gender discrimination in Pakistan's legal field reflects the wider societal challenges women face due to entrenched patriarchy and cultural biases. Women are significantly underrepresented in senior legal roles, including judgeships, and often face barriers such as workplace harassment, pay disparities, and limited career advancement. Deep-rooted social norms discourage women from pursuing legal careers, viewing them as incompatible with traditional gender roles. Female lawyers often work in a male-dominated environment where gender discrimination and harassment are normalized, making it difficult for them to progress professionally. Moreover, in legal proceedings, women’s testimonies are frequently undervalued, particularly in cases related to family law. Although Pakistan has laws to address gender inequality, implementation remains weak, and structural changes are necessary to promote equal opportunities for women in the legal profession. Addressing these disparities is crucial for improving gender equality in the legal sector.

ٹرانس جینڈر ایکٹ 2018ء اور خنثیٰ کے حقوق کا تحقیقی جائزہ

Dr Umair Mahmood Siddiqui — Sat, 05 Oct 2024 00:00:00 +0000

In 2018, Pakistan enacted the Transgender Protection Act, a landmark legislation aimed at recognizing and protecting the rights of transgender individuals. This Act granted transgender persons the authority to self-identify their gender and legally change it, compelling all governmental bodies, including NADRA, to update their identification documents accordingly. The Act categorized transgender individuals into three groups: intersex persons (those with both male and female genetic traits or ambiguous gender at birth), individuals who undergo gender reassignment surgery, and those who identify differently from their birth-assigned gender. However, the Council of Islamic Ideology and the Federal Shariat Court opposed the Act, deeming it un-Islamic and contradictory to Quranic principles. In 2023, the Federal Shariat Court officially rejected the Transgender Protection Act of 2018. The Act's definitions of transgender, intersex, and related terms, along with its provisions for gender transition, sparked controversy and ambiguity concerning their compliance with Shariah law. This controversy highlighted the urgent need to clarify these matters in accordance with Islamic jurisprudence and to elucidate the relevant religious guidelines. In my article, I will address and clarify these issues, providing a detailed analysis of the Act's provisions and their implications in light of Islamic teachings, thereby offering a comprehensive understanding of this complex and sensitive topic. Additionally, the debate underscored broader social and cultural challenges in integrating modern legal frameworks with traditional religious beliefs, emphasizing the complexity of legislating human rights in a diverse society.