Anglicization of Islamic Law in the Sub-Continent and it’s Impact on the Legal System of Pakistan

  • Muneer Ahmed Chief Editor

Abstract

Anglicization of Islamic law in the Sub-continent, deprived Pakistan
from Islamic legal system. in order to restore the same, attempts have been
made for Islamization of laws. These attempts were made by affixing certain
tags, by way of introducing certain amendments in the existing legal system,
but could not turn to be effective. The concept of Islamization according to
Ulema is restoration of traditional form of Sharia without any change and
according to them there is no question of interpretation. This view, according
to many Muslims and Non-Muslim jurists leads Islam to a situation which
cannot confront the modern challenges. According to many Muslim scholars
of the present time, in order to implement Islam in general and Islamic law in
particular, there is need to interpret the same in a liberal and dynamic manner
rather than conservative and narrower sense, so that the current challenge
can easily be addressed. This approach was also adopted by a Muslim scholar
Allama Muhammad Iqbal which is apparent from his lectures on “The
Principle Movement in the Structure of Islam”. He advocated the theory of
Ijtihad contending that the same can take place in the present times, power to
make Ijtihad should be taken from individuals and should be given to the
legislative Assembly and Ijma can take place even in the present times1
. On the
basis of this theory, a great challenge and primary obligation is on Muslim
jurists and ruling regime to implement the principles of Islamic law by
interpreting the same in light of the principles of Ijtihad as guided by Allama
Muhammad Iqbal.

Published
2020-01-23