Dalhousie Journal of Legal Studies


Aarij S. Wasti


This article questions the application of religion in Pakistan, specifically in the legal context. For over two decades now, Pakistan has had on the books a number of statutory laws, which are collectively known as the Hudood Laws. These laws are purported to inject Qu’ranic doctrine into Pakistan's criminal legal structure. Unfortunately, a number of shortcomings have been identified with the change since its beginnings. Among these faults are a lack of religious knowledge and understanding by the judiciary, police force, and population; misuse and abuse of the laws by the nation's ruling elite, men, and the police; lacking legal and social infrastructure in support of the laws; and most devastatingly, imprecise and many times incorrect interpretation of Islam and its legal teachings. Out of respect for the divine law, an appeal is made first to suspend the Hudood laws, if not to cease their resulting injustices. It is subsequently recommended that a committee of legally and theologically trained experts be formed, that they re-examine Islam's legal teachings, and finally that they explore a just and appropriate manner in which to introduce correct principles to current Pakistani society and its primarily common law system.

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Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.