Settlement of Disputes by Way of Arbitration in Pakistan

Arbitration is a method, through which, parties resolve their disputes; outside the court of law; by avoiding all types of technicalities of procedural law. It is one of the modes of Alternate Dispute Resolution. The Arbitration Act 1940 is the only statute in Pakistan, which deals with all types of arbitration processes in Pakistan, but it does not deal with the recognition and enforcement process of International Arbitral Awards in Pakistan. The New York Convention 1958 is enforced in Pakistan, through the Recognition and Enforcement Act 2011 and it deals with the recognition and enforcement process of International Arbitral Awards in Pakistan. The problem in Pakistan is that the majority arbitration processes are not conducted, in accordance with the provisions of the prescribed laws of arbitration, they are usually conducted, in accordance with the customs and usages of the society, which are not prescribed in the current Arbitration Act 1940. There are private Jirga and Punchayat systems; in rural areas; throughout Pakistan, to resolve disputes of the poor people of the locality and the decision of that proceeding usually are not submitted in the court of law, for the implementation, which is the requirement under the Arbitration Act 1940, for the smooth implementation of the decision; through the executive wing of the state. Many countries of the world have amended their arbitration laws, as per the customs and usages of the society and under the light of the relevant International Conventions and Treaties. Similarly, in Pakistan, the Arbitration Act 1940 needs a lot of changes, as per the customs and usages of the society, relevant principles laid down in the Holy Quran and Sunnah of Prophet Muhammad and in accordance with the related International Conventions and Treaties. The UNCITRAL Model Law 1985 is not applicable in Pakistan, thus it is also a requirement and need of the time to be implemented in Pakistan, through the act of the Parliament

In defense of the codification of the Islamic Law of Hudud into the law of Pakistan

Islamic Law has three types of punishments for criminal offences: fixed punishment, which is called Hudud; retaliation, which is called Qisas; and discretionary punishment, which is called Tazir. Hudud, fixed, punishments, are predetermined by Al-Mighty Allah and his last Prophet Muhammad صلى الله عليه وسلم in the Holy Quran and in the Sunnah of Prophet Muhammad صلى الله عليه وسلم . Hudud punishments are used mainly for five crimes: adultery, false accusation of adultery, theft, drinking liquor, and apostasy. The fifth President of Pakistan, General Muhammad Zia-ul-haq, introduced Hudud codified laws in Pakistan in 1979 for four of the criminal offences: adultery, false accusation of adultery, drinking Khamr, and theft. No law was promulgated for the offence of apostasy; rather, one ordinance was introduced on the regulation of whipping, which was later repealed by the Pakistani parliament in 1996. Secular groups advocate for the complete abrogation of Hudud law from the judicial system of Pakistan in the name of the protection of women, but the basic purpose of these groups is to spread licentious behavior in a Muslim society. Hudud law actually protects men and women from false accusations of adultery; it also protects them from unlawful fornication and from drinking Khamr, which leads to adultery and other harmful offences. During the rule of the tenth President Pervez Musharaf, in 2006, the Pakistani government repealed many provisions of the Zina and Qazf ordinances through the Protection of Women Act. But the Government of Pakistan did not change anything in the theft and drinking Khamr Ordinances, which is a clearcut indication that the amendments to the Zina and Qazf Ordinances were made to portray a liberal image of Pakistan while making the Zina and correlated acts easier in Pakistan. It is true that the Law of Hudud needs procedural changes. But that does not mean that we should abrogate the whole Law of Hudud and its punishments, fixed by Al-Mighty Allah and his last Prophet Muhammad صلى الله عليه وسلم, from the judicial system of Pakistan. The author recommends that rather than making different ordinances of Hudud, a Hudud chapter should be added to the existing Pakistan Penal Code of 1860 to get rid of the procedural difficulties. If a survey were to be conducted today in Pakistan, the majority would vote in favor of implementing Hudud Law in the Islamic Republic of Pakistan. Law is made to control the behavior of a society. If the majority of the population is happy with a law, one group of people cannot be given the right to snatch the voice of the general public and impose their verdict on the majority of the people

Social Transformation of Pakistan under the Speech of Muhammad Ali Jinnah on 11th August 1947

Muhammad Ali Jinnah is the founder of Pakistan, delivered his first speech as Governor General of Pakistan in first session of the first Constituent Assembly of Pakistan on 11th August 1947. The speech has divided Pakistani society into 2 groups (i) first group advocates secularism in Pakistan, as (ii) second group emphasis that Pakistan is an Islamic State outcome of the struggle of Muslims of British India therefore there is no space of secularism in Pakistan. Muhammad Ali Jinnah stated that every individual living in Pakistan is the citizen of Pakistan without discrimination as to cast, color, creed, and community. If we look back to first Islamic State founded by Prophet Muhammad ﷺ it is clearly held that Muslims and Jews of the first Islamic State were declared as equal citizens and one community without discrimination under clause 30 of the Constitution of Madinah (Misaq e Madinah), therefore Islamic State does not mean discrimination based on religion as all citizens have equal rights before law without discrimination as to cast, color, creed and community

An Analysis of Good Qualities of Human Beings Generally and Leaders Especially: An Islamic Law Perspective

Leader is that person who is followed by other persons and not following other persons. Leader inspires other persons and makes more leaders rather than making followers and he is enthusiastic about future and leads a group towards successful and prosperous future. Islamic Law is revelation of Almighty Allah revealed on the last Prophet Muhammad for betterment of human beings in both worlds. Islamic Law is a complete code of life provides guidelines required to be followed in all aspects of life to achieve success. Prophet Muhammad led a group later conquered more than half world by following teachings of Almighty Allah and Prophet Muhammad. The vision of a leader is comprised of (i) Motive, (ii) Intention, and (iii) Object. Motive is an idea developed by leader, intention is an action upon motive and object is the reason of struggle. Some leadership qualities include (i) Truthfulness, (ii) Trustworthiness, (iii) Justice, (iv) Knowledge, (iv) Fearlessness, (v) Calmness, and (vi) Selflessness. This study is a qualitative method of research point out and describe qualities of a leader under verses of Holy Book Quran and authentic traditions of Prophet Muhammad. Almighty Allah says “O’ believers! Fully enter in Islam and do not follow footsteps of an evil, indeed he is your true enemy”. Prophet Muhammad said “Muslim can do other sins but he cannot tell a lie”. Similarly, a Muslim cannot defraud his followers otherwise he cannot be considered a good leader. Knowledgeable and powerful person is given more importance under Islam Law over a lay man and a weak person and he who accepts Islam and believes in (i) Almighty Allah, (ii) His angels, (iii) His books including Holy Quran (iv) His messengers including Prophet Muhammad, (v) day of judgment, (vi) good-bad fate, and (vii) resurrection after death has no fear of future and he is not sad on his past. It is therefore recommended that youngsters are required to follow teachings prescribed in Holy Quran and authentic traditions of Prophet Muhammad for benefits in this world as well as in hereafter

Social Transformations of Pakistan under Kashmir Dispute

Kashmir dispute is the most important burning issue between India and Pakistan as they have fought three major wars and two conflicts since 1947. Kashmir dispute arises when British India was separated into Pakistan and India on 15th August 1947 under the Indian Independence Act 1947. Independent Indian States could accede either to Pakistan or India as on 26th October 1947, Hari Singh signed treaty of accession with the Indian Government while the Governor General of India: Mountbatten remarked that after clearance from insurgency, plebiscite would take place in the state and the people of Kashmir would decide either to go with Pakistan or India. During war of Kashmir in 1947, India went to United Nations (UN) and asked for mediation, UN passed resolution on 20th January 1948 to assist peaceful resolution of Kashmir Dispute as another resolution was passed on 21st April 1948 for organization of plebiscite in Kashmir. India holds 43% of the region, Pakistan holds 37% and remaining 19% area is controlled by China. Dispute of Kashmir is required to be resolved through mediation under UN resolutions

Social Transformation of Pakistan under Kashmir Dispute

Settlement of Kashmir dispute is important for peace in Asia. Kashmir is a disputed territory between India and Pakistan as both countries have fought three major wars in 1947, 1965 and 1971 and two conflicts in 1984 and 1999. The main cause of all wars and conflicts is Kashmir dispute. Kashmir handed over to Gulab Singh on 16thMarch 1846 under Treaty of Amritsar by the East India Company. It is pertinent to mention that Treaty of Amritsar ceased to exist under section 7 of Indian Independence Act 1947 which states that all treaties in between British Indian States with other states ceased to exist after implementation of Indian Independence Act 1947

Islamic Law and Trademark Protection

Protection of trademark in Islamic Law is covered under verses of the Holy Quran and traditions of Prophet Muhammad ï·º. Trademark is one of the component of Intellectual Property Law, which is protected under Islamic Law. Islamic law are those teachings which were revealed on the last prophet Muhammad ï·º, for the betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like Intellectual Property rights. Protection of wealth is one of the Maqasid-ul-Sharia, which is the public right and are fully preserved under an Islamic Law. Almighty Allah says in the Holy Quran that “Do not eat the property of another with unlawful means except with a valid agreement, solemnized with a valid consent from both sidesâ€. Prophet Muhammad ï·º said that he who copies another’s work is not one of us. Prophet Muhammad ï·º went to Syria as a trader with the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in Fiqh and Hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in the Holy Quran or by Prophet Muhammad ï·º in the Sunnah. The transaction must be clear from Riba/Interest; which is an excess that has no corresponding consideration in exchange of property for property. The subject matter of the transaction must not be uncertain, and the purpose of the transaction and the activities governed under the contract must be legal under the light of the Holy Quran and Sunnah of Prophet Muhammad ï·º. Intellectual Property is protected under Islamic Law, which is that area of law, which concerns legal rights, associated with creative efforts, commercial reputation and good will. Intellectual Property Law includes patent for the protection of inventions, copyright for the protection of literary and artistic works and trademark for the protection of marks, signs, words and trade names, which distinguishes goods and services of one undertaking from goods and services of other undertakings, which must be distinctive and non-descriptive because an undescriptive trademark is a unique trademark which is easy to be registered and adhered by the public at large. The purpose of trademark is to provide an opportunity to the public to distinguish goods and services of one undertaking from goods and services of other undertakings and to adhere the source of goods and services. Trademark is protected under Islamic Law, but it does not allow the right holder to held illegal activities under a legal trademark. The trademark which is protected under Islamic Law is that trademark which is used for the promotion of legitimate goods and services

Social Transformation of Pakistan under Urdu Language

Urdu is the national language of Pakistan under article 251 of the Constitution of Pakistan 1973. Urdu language is the first brick upon which whole building of Pakistan is built. In pronunciation both Hindi in India and Urdu in Pakistan are same but in script Indian choose their religious writing style Sanskrit also called Devanagari as Muslims of Pakistan choose Arabic script for writing Urdu language. Urdu language is based on two nation theory which is the basis of the creation of Pakistan. There are two nations in Indian Sub-continent (i) Hindu, and (ii) Muslims therefore Muslims of Indian sub-continent chanted for separate Muslim Land Pakistan in Indian sub-continent thus struggled for achieving separate homeland Pakistan where Muslims can freely practice their religious duties which is not possible in a country where non-Muslims are in majority thus Urdu which is derived from Arabic, Persian, and Turkish declared the national language of Pakistan as official language is still English thus steps are required to be taken at Government level to make Urdu as official language of Pakistan. There are various local languages of Pakistan mainly: Punjabi, Sindhi, Pashto, Balochi, Kashmiri, Balti and it is fundamental right of all citizens of Pakistan under article 28 of the Constitution of Pakistan 1973 to protect, preserve, and promote their local languages and local culture but the national language of Pakistan is Urdu according to article 251 of the Constitution of Pakistan 1973

Social Transformation of Pakistan under Assassination of the First Prime Minister of Pakistan: Liaquat Ali Khan

The First Prime Minister of Pakistan Liaquat Ali Khan was the most influential person in initial days of Pakistan after the death of the founder of Pakistan Muhammad Ali Jinnah on 11thSeptember 1948. Liaquat Ali Khan was assassinated on 16thOctober 1951 at Rawalpindi while addressing a public rally. The assassination of Liaquat Ali Khan led Pakistan’s democratic journey into non-democratic Governments which become the biggest hurdle in building Pakistan and empowerment of the people of Pakistan. This paper finds out reasons of his assassination, consequences of his assassination and lays down suggestions to be followed to achieve mission and vision of Muhammad Ali Jinnah and Liaquat Ali Khan prescribed in Objectives Resolution passed by the first constituent assembly of Pakistan on 12thMarch 1949 under the leadership of the First Prime Minister of Pakistan Liaquat Ali Khan

Remedies to Challenge Arbitral Awards in Pakistan

Available remedies to challenge arbitral awards in Pakistan are modification, remission, annulment and revocation of recognition and enforcement. Arbitration is a method through which disputing parties resolve their disputes outside the Court by avoiding technicalities of procedural law. If there is irregularity regarding process and procedure of arbitral tribunal, parties to an arbitration agreement may apply against it in the Court. Arbitrator files an arbitral award in the Court after completion of arbitral proceedings. If arbitral award is domestic and comes under ambit of Civil Court, arbitrator files arbitral award there but in case of foreign arbitral award, parties to arbitration agreement are required to file arbitral award with arbitration agreement and in case if arbitral award and arbitration agreement are not in official language of Pakistan, translation in official language is required to be submitted before High Court for implementation of arbitral award in Pakistan. Aggrieved party to arbitration agreement may challenge arbitral award before the Court for modification under section 15, for remission under section 16 and for setting aside under section 30 of the Arbitration Act 1940. Recognition and enforcement of an arbitral award may be challenged under article 5 of the New York Convention 1958. The UNCITRAL Model Law 1985 and other relevant International Conventions are not applicable in Pakistan thus aggrieved party may not avail grounds mentioned in these Statutes for modification, remission, setting aside and revocation. Pakistan is an Islamic country hence no award can be implemented in Pakistan if it is against injunctions of Islam under the light of Holy Quran and Sunnah of Prophet Muhammad ï·º which comes under ambit of public policy which is one of the grounds for revocation of recognition and enforcement of an arbitral award in Pakistan