ISLAM SHARIA AND THE CONSTITUTIONAL PROHIBITION OF TORTURE IN PAKISTAN (original) (raw)
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Chicago Journal of International Law, 2007
This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of investigative torture in Islamic law has long been unsettled: most early classical jurists forbade it, but some later classical jurists permitted it in at least certain circumstances. The permission some jurists gave the practice in Islamic jurisprudence (fiqh) was matched and augmented by a broader license jurists gave executive actors in the realm ...
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Human dignity is the common aspect of all divine religions. Torture is an issue that has targeted human dignity. Thus, it is remembered as crime against humanity in many cultures and rules. Islam has always insisted on respect for humans. But in Islamic sources, there are documents (including direct and indirect arguments) that convey the permissibility of torture to the mind and make the audience doubt or at least contemplate in this regard. Deep thinking about its principles can be responsive to these ambiguities.The present study is a new and fundamental research which has been conducted based on library studies and seeks to answer, explore and demystify the arguments for the permissibility of torture.Study of the documentation demonstrates that the hypothesis of torture permissibility in Islam has been accepted as a “particular affirmative proposition”. The necessity of this type of research is that dynamic jurisprudence, when responding to challenges, must actively explain its positions with strong arguments.
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The dissertation aims to find out the efforts of the legislature of Pakistan to enact laws against torture, by laying out all the relevant laws, in relation with the role of the police force of Pakistan and the rest of executive in upholding and implementing said laws and then finding out the incidents of torture in police custody and how the laws are being violated in these situations. It will also look at the different scenarios where the torture takes place, understanding them in context, and look at the reasons and, where possible, the legitimising factors behind those instances. The role of judiciary, legislature, society, culture and religion, political and historical backgrounds will be some of the factors that will be separately discussed in relation to the discussed acts of torture. Suggestions and Pakistan's commitment to international law will also be discussed.
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To obtain a better social life for every person in the world and preserve peace and stability, it is necessary to recognize every person's worth and dignity and observe human rights with vigor. There are a lot of treaty bodies and treaties relating to Human rights that provide the right to be free from torture. To define the word torture is not even clearly defined by any treaty relating to torture until now. The International Covenant on Civil and Political Rights (ICCPR) of 1966 was the first treaty on human rights provisions to specifically forbids torture and other cruel, inhuman, or degrading treatment. The two articles that contain the prohibitions are articles 7 and 10, and these provisions aim to safeguard the human being's dignity from both aspects physically and mentally. The 1984 Convention against Torture and Other Cruel,
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The complexity indicated in the title of this paper does not refer purely to the internal structure of the prohibition of torture, but also to the obligations of States party to the ECHR that are tied to this prohibition. This is because it is not restricted to negative obligations understood as a duty on the part of the State to abstain from certain interferences by the public authorities and which was the fundamental purpose of the ECHR and as such was entered explicit into the norma-tive structure of the freedoms and rights defined in the ECHR , but embraces – firstly – positive obligations which result in a command to take measures for the purpose of ensuring freedom from the said torture for persons under the jurisdiction of States that are party to the ECHR, both in horizontal and vertical relations, and – secondly – a procedural obligations which, year by year, is achieving an ever more autonomous position among the types of commitment resulting from the ECHR for States and the essence of which is the effective clarification of circumstances in the violation of the prohibition of torture.
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Torture is the infliction of severe physical or psychological sufferings on an individual for the purpose to induce him or her to surrender information, while as terrorism refers to the calculated, politically motivated violence perpetrated against non-combatants, target by subnational groups or secret agents usually intended to influence an audience. There are major international conventions which prohibits both torture and terrorism. Torture and terrorism are a controversial topic across worldwide and attracts the discussions from many prominent scholars and practitioners. The paper aims at introducing some theories on torture and terrorism, analyzing the main theme of those theories and trying to answer the questions. The main purpose of this chapter is to examine the harsh consequences of torture and terrorism on innocent masses.
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