Zeeshan Ashraf | Universiti Utara Malaysia (original) (raw)

Papers by Zeeshan Ashraf

Spotting the Knots of Post-Iddah Maintenance in Sharīʿah & Law, 2023

The paper argues on the issues relating to post-divorce maintenance for Muslim women. Because thi... more The paper argues on the issues relating to post-divorce maintenance for Muslim women. Because this subject matter has been less deliberations in Islamic Personal Law. Therefore, this paper is significant for understanding the previous discussions on post-Iddah maintenance and its contradictions in Shariah and law. The basic intention of this research is to elaborate on different situational maintenance grants for Muslim women after dissolution of the marriage bond. This paper has spotted the knots in developing a theoretical perspective of the term Muta’tul-Talaq in Islamic Law and covers a broad range of its different interpretations. Further, it discusses, how classical Jurists have interpreted different texts of the Holy Quran and used famous traditions of the Holy Prophet (PBUH) in this regard. This paper is based on qualitative methodology, data was collected from the library and the Internet. Further, the data analysis was carried out with discussion and thematic analysis to develop a conclusion. This research spotted the modern developments of laws regarding the maintenance and their juristic interpretations. The paper concludes that maintenance is the right of all Muslim women in certain situations, and this paper also offers better solutions for the complicated problems associated with post-Iddah maintenance according to the injunctions of Islam.

Natural Law, Constitutionalism and Media Laws: What’s Amiss in Media Regulations?, 2023

The adverse effects of media today mandate the mulling of appropriate reforms for effective regul... more The adverse effects of media today mandate the mulling of appropriate reforms for effective regulation of media. The research in hand attempts to study the adverse impacts of biased reporting and subsequently suggests suitable reforms for improving media legislation. The methodology is descriptive, comparative, and critical. Findings propose minimum content of media laws for all jurisdictions based on naturalism and constitutionalism. Naturalism and constitutionalism are the ends of the law and provide protection of life, liberty, property, dignity, etc. Naturalism means natural law i.e. ultimate values to which all laws must conform. Constitutionalism in this research connotes the ultimate law in a country based on natural law e.g. U.S. Constitution which is based on natural law. Results have significance across the world for improving the standards of media reporting. Studies of this kind proposing media reforms have been attempted before without any meaningful results proposed. U.S., India, and the Islamic Republic of Pakistan have been chosen for case studies of media laws due to the rise of increasing intolerance in these countries.

Manchester Journal of Transnational Islamic Law & Practice Volume 19, Issue 3: 82-101, 2023, 2023

Customary Practices (CP) for the resolution of family disputes including Jirga and Panchayat are ... more Customary Practices (CP) for the resolution of family disputes including Jirga and
Panchayat are prevalent in Pakistan. Pakistan is a Muslim-majority State and a signatory to a
number of international human rights conventions, e.g., ICCPR, ICESCR, and CEDAW. Using
qualitative research methods, semi-structured interviews were conducted with nine participants
to determine the true nature of the CP in question. The examination of these CP based on the
provisions of international human rights conventions reveals that some of the CP violate
Islamic teachings as well as certain provisions of the international human rights conventions.
The continuous use of such CP means that Pakistan has failed to implement its international
human rights obligations in two aspects: first, failing to prevent CP that violates these
obligations; and second, failing to provide inexpensive justice in family disputes. The article
argues for the institutionalization of family dispute resolution (FDR) in Pakistan to adapt the
provisions of international human rights conventions and to eliminate human rights violations
in Pakistan

Pakistan Journal of Criminology Vol. 15, No. 03, July-September 2023 (77-91), 2023

Jirga and Panchayat exist in the rural social system of Pakistan for the resolution of family dis... more Jirga and Panchayat exist in the rural social system of Pakistan for the resolution of family disputes. Conflicting parties use these to resolve conflict amicably and quickly in an informal justice system. However, the Jirga and Panchayat methods have no backing of the legal framework. The composition of said methods to resolve disputes among the two families by the village elders who have power of land, and authority to rule over the people of the community. The proceedings of said Jirga and Panchayat have no proper mechanism and procedure of proceedings and the verdicts are given without consideration of Islamic injunctions and human rights laws. This article has found the answer, to whether the Jirga and Panchayat are in line with the injunctions of Islam and human rights or not. This socio-legal research has been carried out using qualitative methodologies, and data analysis has been carried out through an analytical and critical analysis. The article significantly concludes that these practices have no backing of law except if it is permitted by the family court to resolve their disputes out of court. Therefore, it is recommended that there should be an amendment in the family laws of Pakistan to adopt the procedure provided under section 3, schedule 1 clause IV of provincial ADR laws for amicable settlement of family disputes in Pakistan.

Journal of Law & Social Studies (JLSS) Volume 5, Issue 3, pp 525-536, 2023

The provisions relating to the independence of the judiciary in the Islamic Republic of Pakistan ... more The provisions relating to the independence of the judiciary in the Islamic Republic of Pakistan and Malaysia are deficient and require reforms for securing the independence of the judiciary fully and more meaningfully. The purpose is to identify lacunas in the Constitutions of Pakistan and Malaysia relating to the doctrine of the independence of the judiciary and press for reforms. Comparative analyses of Malaysia and Pakistani constitutions have been made to press for reforms. Findings mandate revision of the Constitutions of Malaysia and Pakistan in the interest of independence of the judiciary and impartial decision-making. Results are very important in relation to proposing a solution for judicial discipline, quality of judgments, and justice according to law. Such conclusions drawn are the first of their kind after considering the constitution of Pakistan and Malaysia cumulatively.

Journal of Law & Social Studies (JLSS) Volume 5, Issue 1, pp 82-92, 2023

Clinical legal education in Pakistan has attained formal attention after the significant judgment... more Clinical legal education in Pakistan has attained formal attention after the significant judgment of the Apex Court in 2018. The judgment laid down various standards for improving legal education and emphasized including professional training in the curriculum. Further, the judgment provided an impetus for law schools to take a step forward from traditional teaching to modern teaching methods by incorporating clinical legal education into their curriculum. Hence the need to evaluate the existing standards of law education in Pakistan in the light of the judgment and to highlight the challenges being faced in this connection. Relying on secondary data available in the context of Pakistan, Qualitative methodology will be used to reveal the current trends and challenges in this research article. The paper will suggest solutions to cope with the challenges and present proposals to materialize the objective/s laid down in the supreme court judgment.

Paper presented in UCP 1st International Conference on Clinical Legal Education in Pakistan, Organized by Faculty of Law, University of Central Punjab, Lahore on 23rd-24th May 2022 at Lahore, Pakistan., 2022

Clinical legal education in Pakistan has attained formal attention after the landmark judgment of... more Clinical legal education in Pakistan has attained formal attention after the landmark judgment of the Supreme Court in 2018. The judgment laid down various standards for the improvement of legal education and emphasized the inclusion of professional training in the curriculum. Further, the judgment provided an impetus for law schools to take a step forward from traditional teaching to modern teaching methods by incorporating clinical legal education into their curriculum. Hence the need to evaluate the existing standards of legal education in Pakistan in the light of the judgment and to highlight the challenges being faced in this connection. Relying on secondary data available in the context of Pakistan, Qualitative methodology will be used to reveal the current trends and challenges in this research article. The paper will suggest solutions to cope with the challenges and present proposals to materialize the objective/s laid down in the supreme court judgment.

Paper presented in 1st International Conference on Public International Law, Organized by the Department of Law, the University of Gujrat on 14-15 December 2021 at Gujrat, Pakistan., 2021

This paper is related to the information leaked for secret business modules which highlighted dif... more This paper is related to the information leaked for secret business modules which highlighted different financial controversies of significant business, political, armed, judges, and bureaucratic personalities. Furthermore, these paper leaks highlighted Pakistan's very sound personalities, who are involved in this sort of financial controversies, including tax evasion and money laundering. It is pertinent to mention that, there are certain allegations of financial crimes on the renowned personalities of Pakistan. Therefore, this matter has very significance for Pakistan as it has financial constraints due to sanctions of FATF. Further, it is a need of the hour to look into this matter because our economy is on the ventilator due to financial crimes and how our institutions like SECP, FBR, FIA, and NAB are dealing with the financial crimes. For the conduct of this research, the library and internet sources will be used as a tool for data collection. The qualitative methodologies will be adopted for this analytical and descriptive study. Moreover, the data analysis for the secondary data will be carried out through a critical analysis of the Pakistani legal framework dealing with financial transactions. Therefore, this article will highlight the issues related to the provision of good governance regarding business law and its impact on the economic system of Pakistan. Further, to give suggestions and recommendations for Pakistani institutions and legislature for prevention of increasing rate of mal-practices of financial transactions and white color crime in Pakistan.

Journal of peace, development & communication, Dec 31, 2021

Article 203D of the Constitution of the Islamic Republic of Pakistan, 1973 uses three important ... more Article 203D of the Constitution of the Islamic Republic of Pakistan, 1973 uses three important
phrases. These are "the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the
Holy Prophet" (the last of the Prophets, صلى الله عليه وسلم" (repugnant to the Injunctions of Islam" and "in
conformity with the Injunctions of Islam." However, these phrases have not been defined in the
Constitution. The Federal Shariat Court is established under Chapter 3A and this Court is vested
with the exclusive jurisdiction to declare any law void if the same is repugnant to the Injunctions
of Islam. This paper analyses the establishment of the FSC and a few judgments rendered by the
FSC and its appellate forum under Chapter 3A to determine the scope of the above-mentioned
phrases. It is to be found that if a law is not found repugnant to the injunctions of Islam, it remains
a valid law though the same may not conform with the Islamic injunctions. For the conduct of this
research, the library and internet sources will be used as a tool for data collection. The qualitative
methodologies will be adopted for this analytical and descriptive study. Moreover, the data
analysis for the secondary data will be carried out through a critical analysis of the Pakistani legal
framework dealing with financial transactions Further, to give suggestions and recommendations
for Pakistani institutions and legislature the process of Islamization of laws under Chapter 3A
would be imperfect in so far it allows the continuity of laws not in conformity with the Islamic
injunctions.

Global Legal Studies Review, 2022

Malpractices of corporate governance in Pakistan are identified in Panama and Pandora's paper... more Malpractices of corporate governance in Pakistan are identified in Panama and Pandora's papers published for secret gains. These leaks highlighted the names of Pakistan's personalities involved in financial crime, including tax evasion and money laundering. Further, there are certain allegations of financial crimes against the renowned personalities of Pakistan. Therefore, the matter is pivotal for Pakistan because of financial constraints due to the sanctions imposed by FATF. It is a need of the hour to look into this matter because our economy is on the ventilator due to financial crimes. Further, to understand how our institutions are dealing with financial crimes. For this research, the library and internet sources were used for data collection. The qualitative methodologies are adopted for this analytical and descriptive study, and data analysis is carried out through a critical analysis of the Pakistani legal framework. Therefore, this article has highlighted the issue...

Global Legal Studies Review, 2021

The researchers have articulated the developments of family dispute resolution in Pakistan and hi... more The researchers have articulated the developments of family dispute resolution in Pakistan and highlighted issues pertaining to its legal framework and customary practices existing in the social and legal system. The library used as a tool for data collection, and internet sources consulted in this research. Doctrinal and qualitative methodologies used for this study and data analysis carried out through analytical and critical review along with the interpretation of laws. This article is very significant for the understanding of gaps to accommodate FDR methods and practices to expedite adjudication processes. Furthermore, the article is lightening on the issues of dispute resolution and interaction of local government systems to cater to customary mal-practices. Therefore, FDR is the most flexible, efficient, and preferred choice for family dispute resolution in the developed legal discourse. This article is advocating in favor of FDR, aiming to reconciliation in the matrimonial di...

Journal of Parallel and Distributed Computing, 2021

The paper is ensuring the efforts of Supreme Court of Pakistan to launch e-court system through v... more The paper is ensuring the efforts of Supreme Court of Pakistan to launch e-court system through video link connectivity for proceeding of cases through its different registries and, LHC and IHC have launched CMS and Mobile Applications for development of E-courts in Pakistan. The main objective of this research article is to propose a road map, how the existing ICT, E-courts can help Pakistani judiciary technology-driven approach with increased transparency. Moreover, how Pakistan can develop its model of E-courts to manage legal knowledge with integrity, quality and faster distribution of information, making the access to Justice easier and speeding up the whole judgement process. This research is based on a qualitative methodology to conduct a depth literature review and develop a conceptual model of E-courts through secondary data collected from libraries and internet sources. Ecourts, working in different countries established through the utilization of the internet to ease the ...