Pakistani Law Research Articles

The brick kiln child workers of Pakistan.

Pakistani law recognises that no young person under the age of 18 years can enter into a valid and binding contract. In hazardous industries, such as brick kilns, none of the children working in them have any formal contract, so limiting any rights they may have. Any contract that does exist is with the child's father and will be linked to everlasting debts and constitutes a form of bondage. This paper reviews the adverse medical effects on children of such employment.

The Principles of the Law of Self Defence in Pakistan: A Critical Evaluation

Self defence is one of the oldest laws of nature which is based on the instinct of survival. A person has a natural right to protect himself from any aggression that may seriously injure or kill him to the extent of doing the same to the assailant. Under Anglo-American jurisprudence, self defence applies to both civil and criminal law, while in Pakistan it solely applies to criminal law. The primary principles of self defence postulate that self defence is a guaranteed right of a person. He may exercise it provided there is a reasonable foreboding of danger to not just his own and another person’s body and property. However, there are limitations that imposed on this right under law. However, these are still highly circumstantial in nature. The law has specified certain circumstances in which self defence may be exercised to the extent of killing the assailant. Should those circumstances not occur, then the assailant may be seriously harmed only. Lastly, on a surface level examination, there seems to be certain similarities and differences of self defence between the Islamic law and Pakistani law respectively.

Medical Negligence and Consumer Protection Laws: A Swift Analysis and Recommendations

Medical negligence is a critical issue affecting countless patients and their families globally, with significant implications for all nations. Despite the existence of legal frameworks designed to protect patients’ rights, the implementation and enforcement of these laws are often inadequate. This inadequacy is compounded by the inherent complexity of medical evidence and the stringent legal requirements for establishing negligence. Proving medical negligence involves demonstrating that a healthcare provider owed a duty of care to the patient, breached that duty, and caused harm as a direct result of the breach. This paper delves into the intricacies of Pakistani laws related to medical negligence. It explores notable cases, and discusses the systemic challenges in proving such negligence. The burden of proof, the high threshold for establishing a breach of the care standard, and the scarcity of expert witnesses present significant obstacles for patients seeking justice. Furthermore, the inefficiencies of the judicial system, including prolonged litigation and limited access to legal resources, exacerbate these challenges. The paper argues that a comprehensive and sustainable approach is essential to address these issues effectively. This approach should include raising awareness about patients’ rights, enhancing the quality of healthcare services, and implementing and enforcing robust laws and regulations. Additionally, promoting access to justice through specialised medical tribunals and providing support to collect and present medical evidence are crucial steps toward ensuring accountability in healthcare. By leveraging advancements in digital technology, documentation, and information sharing, stakeholders can work towards a more transparent and accountable healthcare system. Such reforms are vital for protecting patients from medical negligence and ensuring that they receive the care they deserve. Through a detailed examination of the current legal landscape and practical recommendations for improvement, this paper contributes to the ongoing discourse on healthcare reform, ultimately striving for a system that upholds the highest standards of medical care and patient safety.

Demurrage Under Pakistani Law: Legislative Framework, Challenges, and Strategies to Protect Client Interests in Pakistan

The word Demurrage itself explains the cost imposed on the consignee or owner of goods for delays beyond the free days which is called lay time in legal terms but due to late clearance and many more related issues shipper and consignee both suffer. Although, the courts of Pakistan grant a stay to the consignee for non-payment of demurrage under section 14-A custom Act yet ignore the fact that the doctrine of privity also operates in contracts, as both the shipper and owner of the goods sign the terms and conditions regarding the payment of demurrage, as in every contract lay time is always provided to the owner of the cargo. However, every cargo owner is not always entitled to a stay on nonpayment. Here the barrier or issue of less trade arises. This article explores the legal framework for Demurrage and the issues involved in its application in Pakistan.

Questioning Strategies: Employed the Most During Cross-Examinations in Pakistani Courts

This research study aims to ascertain the questioning strategies employed the most during cross-examinations in Pakistani courts. A quantitative method, based on power dynamic as the conceptual framework, has been used to explore the research topic at hand. The data were collected through a questionnaire from a random sample of 300 law practitioners. They were quantitatively analyzed, using percentage, standard deviation, and ANOVA to explore their questioning strategies to deal with witnesses. The study found that "establishing fact" and "contradiction and inconsistency" are the most widely used questioning strategies. While "leading questions" and "emotional appeal" are the rarest strategies employed by Pakistani law practitioners during cross-examinations. The study has honestly reported the results with some recommendations, such as training law practitioners in using diverse questioning strategies and investigating linguistic power imbalance, among others, for future researchers.

Consumer Protection in Pakistan's Digital Economy: Assessing the Legal Framework for Safeguarding Consumers in E-commerce, Ensuring Product Safety, and Combating Online Scams

The purpose of this paper is to provide an overview of Pakistan's e-commerce industry— with a focus on the online retail sector. E-commerce has changed the face of business across the globe, redefining how organizations and consumers engage commercially. Pakistan's e-commerce market is still in its infancy but shows promise in terms of growth. This study delves into an evaluation of Pakistani laws related to consumer rights within the emerging digital economy of the country, specifically through e-commerce platforms. The essay has discussed various critical topics including product safety and consumer rights, as well as internet frauds— drawing from case studies and legal perception coupled with a review of existing literature which all point towards inadequacies present in the current system exacerbated by the overwhelming penetration of e-commerce. Thus, in order to ensure consumers’ safeguard in Pakistan’s developing digital economy, rigorous regulatory arrangement, proper consumer education, and stakeholder engagement are extremely recommended.

An Analytical Study of Pakistani Law Regarding Assurance of Halal Production and Consumption

The term Halaal is booming day by day. The entire world is in competition to boost it in order to add in the economy of their countries. Pakistan is an Islamic country and has designed its constitution in the light of Shariah. Halaal laws were first adopted by Thailand a non-Islamic country and Malaysia. After the formation of PSQCA in 1996 Shariah Standards for slaughtering were drafted by government. Then they were reviewed in 2010. Since then more than ten halal standards are approved by NSC PSQCA. In 2015 a bill by the name “Pakistan Halaal Authority PHA 2015” was approved by National Assembly and Senate, and now it has started working for the last some years. In this paper first we will review local laws regarding food before introduction of the term Halaal in Pakistan and then will have a detail glance on Pakistani laws regarding Halaal food from 1996 till date. We will discuss the status of Halaal standards finalized by Halaal food technical and National committees PSQCA, the status of various government bodies working for Halaal, acts and laws approved by Government in the field of Halaal and then will give some recommendations to the government in the light of research.

Custodial Challenges: Islamic and Pakistani Law in Child Custody Matters

This article explores the intricate issues of child custody disputes in Islamic and Pakistani law, emphasizing the deficiencies of the existing legal procedures and the resulting difficulties experienced by both children and parents. Courts persist in relying on antiquated statutes, despite the Guardians & Wards Act, of 1890, resulting in protracted legal disputes and emotional distress for all parties concerned. The absence of a comprehensive legal structure that specifically addresses the child's best interests worsens the problem, leading to conflicting rulings and extended distress. The paper advocates for immediate reforms, proposing a comprehensive legal framework that prioritizes the kid's well-being and simplifies custody procedures. The author advocates for revisions to current legislation or the creation of a new law to fill the gaps and promptly resolve custody disputes. This would help minimize the negative impact on children's psychological well-being and family connections. The failure to implement these reforms merely extends the duration of the distress experienced by children entangled in custody disputes, emphasizing the pressing necessity for legislative measures to safeguard their rights and welfare.

Women Rights in Pashtun Tribes of Pakistan: Challenges and Opportunities

In Pakistan, women make up more than half of the population and are respected as independent persons under Sharia and Pakistani law. Nevertheless, gender-based violence and sexism remain serious problems in Pakistan. Especially in the Pashtun tribes of Khyber Pakhtunkhwa, a region in Pakistan that were originally known as Pashtun tribes, women still struggle with land ownership, forced marriage, education, the hijjab, and other issues. Religious laws allow this kind of discrimination, but it's important to remember that in Pashtun society, culture sometimes takes precedence over religious teachings. The aim of this study is to address the questions: to what extent do women contribute to these kinds of discriminations? How and who is more accountable for them, religion or society and why these practices were once supported by Pashtun tribes? The paper will also explore the true spirit of Islam regarding above mentioned rights of women.

Legal Aid with regard to Right to Fair Trial in Pakistani and International Law: A Comparative Approach

The key objective of this article is to analyze the concept of legal aid, its significance, challenges, and potential solutions. This article by using the doctrinal research methodology, presents a comparative analysis of legal aid “in the context of international law” and Pakistani law, highlighting “the” similarities and dissimilarities between the two systems. Access to justice and legal representation are fundamental principles in international and national legal frameworks, ensuring that individuals have adequate assistance in navigating the legal system's complexities. This article examines the relevant provisions in international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which underscore the importance of legal aid. Additionally, this article explores the role of international organizations, such as the European Court of Human Rights, in providing legal aid to individuals involved in international criminal proceedings. On the other hand, Pakistani law recognizes the importance of legal aid as well, albeit with its own unique features and challenges. This article examines the constitutional provisions and statutory laws in Pakistan that guarantee the right to legal representation for individuals, particularly those who are economically disadvantaged. By understanding the similarities and dissimilarities between these systems, policymakers, legal practitioners, and scholars can identify potential areas for improvement and enhance access to justice for individuals, irrespective of their economic or social status. This article concludes that international law recognizes legal aid as a universal right and various international treaties make it mandatory for states (i.e., Pakistan) to ensure access to legal aid for those who cannot afford it.

Pakistan’s Opioid Squeeze: Impacts of Taliban Edicts, Indian Synthetics and Chinese Regulations

This study examines how the Taliban’s opium poppy eradication edict and the westward shift in illicit fentanyl production from China to India potentiates an opioid squeeze on Pakistan from its east-west flanks, influencing Pakistan’s opioid production, distribution and use. As opioid output sputters in Afghanistan, while Indian chemists increasingly normalise illicit fentanyl production in South Asia, opportunistic Pakistani chemists will be incentivised to supply synthetic opioids to high-demand international markets, just as Pakistani farmers supply opium and heroin to international clients. This convergence has ramifications for Pakistani law, drug enforcement and public health, as domestic production increases domestic access to synthetic opioids. The article conducts an empirical examination of current trends in South Asian opioid production, distribution and use, along with an exegesis of the legal and regulatory systems in Pakistan, Afghanistan and China. This study also details how the Pakistani government should respond to this challenge legislatively, foremost through blanket ban of fentanyl and its precursors. Pakistan can reduce domestic use through evidence-based treatment programmes, including discrete and confidential treatment administered by females to female users, opioid substitution therapy, safe needle exchange programmes, culturally sensitive drug awareness campaigns, and increased data collection to detect geographic hotspot locations of opioid use and overdoses.

LEGAL ASPECTS OF THE CRC (CONVENTION ON RIGHTS OF CHILD-1989) AND IMPORTANT ARTICLES OF THE CONSTITUTION ISLAMIC REPUBLIC OF PAKISTAN, 1973) RELATED TO HUMAN AND CHILD RIGHTS

In this article you will find 41 Articles of UN CRC 1989 and their legal aspect in Pakistani Laws. We have made laws in majority of cases but the problem lies with implementation. You will find here some important Articles of Constitution of Pakistan 1973, there of pertaining to human and children rights, where constitution protects, the children rights.
 In 2023, this article is revised according to the updated formation of different laws in Pakistan regarding Human (Children) Rights till todate (May, 2023).

Reshaping Insanity in Pakistani Law: The Case of Safia Bano.

This Article analyzes the 2021 judgment of the Supreme Court of Pakistan in the case of Mst. Safia Bano v. Home Department, Government of Punjab. The case has garnered significant local and international attention due to the Court's ruling that a death sentence may not be carried out on a defendant who has a mental illness. Setting the case against the backdrop of Pakistan's Islamic and colonial contexts, this article argues that the Supreme Court has reshaped the insanity defense in Pakistani law by placing the determination of a defendant's mental state mainly in the hands of medical professionals. However, the Court's reliance on medical professionals and the subsequent downplaying of the "moral capacity" element of the insanity defense-a determination of law made by courts-has created an obstacle for courts to punish offenders more stringently in future cases due to the popular belief that mental health professionals are ill-equipped to answer broader questions of justice for victims and society. The article recommends that this issue can be remedied by establishing an objective legal test for insanity that considers Islamic law, Pakistani precedent, and advances in medical science.

سزائے موت : پاکستان پر عائد عالمی ذمہ داری،تحقیقی جائزہ

This paper examines the compatibility of international human rights law and Islamic law regarding capital punishment in the Pakistani context. Despite the adoption of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) by the United Nations in 1989, which aimed to completely abolish the death penalty worldwide, countries continued to practice capital punishment for several offences. The paper highlights Pakistani laws and discusses the challenges that hinder the country from ratifying the Optional Protocol. The paper suggests an adaptable solution to the issue by analysing the restrictions of death penalty under Islamic Law. Principally, both Islamic law and international human rights law consider the protection of life and endurance of justice to be very significant, but the conflict, which has raised the discrepancy is in the priorities between the interests of the individual and the public at large. This paper presents a comprehensive and impartial study to bridge the gap between International Human Rights Law and Pakistani domestic laws. Moreover, ICCPR also requires minimal death penalties in a legal system, it is mandatory for Pakistan, being a member party, to curtail the punishment in the domestic legal system. It seeks to examine the challenges that arise when reconciling these two systems and propose possible solutions.

پاکستان میں عورت کی سماجی و قانونی حیثیت : مسائل اور حل

A woman is an important part of society and the role of a woman as a sister, daughter, wife, and mother has always been very important in the society. In this research paper, the status of women has been described in the light of prevailing Pakistani laws. It argues that Pakistani society customs has profound effects on all aspects including social, religious, political, economic, educational, medical and hereditary matters. Nowadays, Pakistani women are facing many social, political, religious, educational, medical and economic problems. Through laws, various social, political, educational, medical, religious problems of Pakistani women have been solved, so the prevailing laws of Pakistan provide guidance to women in different ways in every sphere of life. They provide them with all kinds of legal rights and along with various protections in the society, but these laws are not being implemented properly. It concludes that in order to ensure the rights of women and their better social status in the society these laws must be implemented.

RECOMMENDATIONS TO IMPROVE PRESENT LAWS TO CONTROL ACID ATTACKS AND THEIR IMPLEMENTATION IN PAKISTAN

Women are constantly being denied their human rights via distinct practices that are found in Pakistani society as honor killing, forced marriage and acid attacks. Perpetrators of acid attacks are still rarely captured and women in poor families are especially more vulnerable. Even more than 90% of the reported cases are not settled and justice is not delivered because of the perpetrators’ wealth. Rich individuals are more easily suitable to shirk the legal system and the police charges. Like other social changes, reforms against acid attacks in Pakistan are still moving too slow for Pakistani women. The lacuna in existing laws and hurdles in making new laws is permitting this stigma of society to grow. Our society is not allowing a woman to enjoy that status which she is given by Islam. The Qualitative research by using secondary data is done by studying Pakistani laws critically. In this article, comprehensive recommendations for making further reliable and effective laws in Pakistan are given. Awareness must be given to public regarding the real status and rights of women in Islam. New laws and better performance is the other tool to manage with this evil side of the society. Keywords: Acid Attacks, revenge, stigma of society, lacuna, comparative analysis, effective laws

The Role of Shari‘ah in Provision of Shares of Inheritance to Women

In pre-Islamic Arabia, before the advent of Islam women were deprived from their basic civil rights including the right of having wealth and property. Generally women were excluded from the right of inheritance also. Islam not only recognized her as human being by raising her dignity but also ensured her better economic position by giving her appropriate property rights including inheritance. The Qur’?n and the Sunnah provide the basic provisions of Islamic law of inheritance and eliminate all the unjust custom of woman rights of inheritance before Islam. The Muslim jurists further streamlined the principles of inheritance in such scientific method so they can be easily applicable to actual situations; which undoubtedly is a major contribution in rest of the legal systems.In Islamic law woman can inherit the property of the deceased by varying her place and responsibility in the family as a wife, mother, daughter, grandmother, son’s daughter etc. Firstly, this paper describes the pre Islamic custom of inheritance in Arabia with regard to female shares of inheritance. Secondly, this study examines the principles and dynamics of Islamic law of succession and inheritance in the light of different school of laws. This research provides the fact that Shar?‘ah consider woman as an autonomous legal person and give her the right to inherit the property from the deceased. Some scholars claimed that Islamic law indicates inferior status of women by giving her half of the share to men. This can be understood when the matter is studied as a whole in a comparative manner, rather than partially.This research not examines in detail the provisions of shares of inheritance to women in Islamic lawbut argued that how Pakistani Law of Inheritance related to women evolve in different different periodsof time and Islamize according to Islamic law.

Review on Epidemiology of Suicide and its Preventive Legal Implications in Islam and Pakistani Laws

The scientific understanding of suicide has come a long way over the past few decades. Therefore, the legal systems in Pakistan must close the gap between law and science research into suicide has made significant progress in the last few decades due to this exact factor that influences to commit suicide is difficult to judge. Pakistan is a Muslim country where suicide and suicide attempts are punishable by law. Islam does not have any explicit principles against suicide attempts, despite having strong religious sanctions against suicide. Several important aspects of suicide are discussed in this article, such as the latest findings in the field of epidemiology. The key goals of this review article are to identify the causes of suicide and enhance readers' understanding as regard of the legal system in Pakistan. This study aimed to examine, with a particular emphasis on Pakistan, the implications of suicide prevention legislation under both statute and Islamic law.

A Review on `Right to Education` and Related Laws in Pakistan: Elucidate the Status of Elementary Education System in our Country

This study starts by looking at the laws that support different approaches to edification. It then talks about how various studies, as well as surveys, have made it clear that edification is correct under the law, as well as, a fundamental fact in Pakistan. Since the `Right to Education` is of the utmost importance, I have researched various important aspects of RTE by examining previous laws as well as theories to comprehend them. Discussion of Pakistan's educational system, including the various stages of edification as well as the policymaking process for governing the system. Explains the idea of a humanoid as well as a legal `Right to Education`. The theoretical agenda for this edification is based on the findings of the edification status in the territories of Pakistan. It focuses on edification as a fundamental right enhanced by the Pakistani Constitution and begins by providing an overview and demonstrating the validity of Article 25-A. Establish the State's available Constitutional, Provincial, Regional, and International Laws to promote edification. Additionally, this chapter explains how those laws are put into practice. Summarizes the findings of this study and concludes it by identifying problems that arose from studying Pakistani law and the `Right to Education`. In light of the study's findings, I have also offered suggestions for improving our nation's elementary edification system promotion.

Consent of Husband for Khul‘ in Islamic Law and Pakistani Legal System: A Comparative Study with Specific Reference to Case Law

The issue of the husband’s consent for khul‘ is debatable among classical and contemporary Muslim jurists. The judiciary of Pakistan has played its role to decide the controversy between husband and wife in the cases of khul‘. It is evident in Islamic law that a husband can dissolves the marriage and divorce his wife by denoting the word talaq. There is no need for justification of divorce from the husband neither in Islamic law nor the Pakistani legal system. But the female initiative divorce is debatable and depends on the consent of the husband to some Muslim jurists while others oppose this view. The Pakistani judiciary is also not on the same page, various judgments and different interpretations by the judges. In Pakistani law, The Dissolution of Muslim Marriage Act 1939 in its section 2 mentions certain justified reasons for the dissolution of marriage by a woman but it’s not easy to justify the reason in a court of law. This paper tries to find whether the consent of the husband is mandatory in khul‘ case or not. It denotes the opinions of classical and contemporary Muslim jurists. This research examines the grounds for the dissolution of marriage in Islamic law and the Pakistani legal system. The role of the Pakistani judiciary will be investigated and compared with the principles of Islamic law regarding the consent of the husband in khul‘. This research concludes that the husband’s approval and consent is neither required in Islamic law nor in the Pakistani legal system.