Citation:
Date Presented:
February 9, 2012Abstract:
This thesis explores the relationship between Islam and the state in Pakistan by examining the Pakistani Supreme Court in its production and use of Islamic law in adjudicating matters of the state. The court serves as an important institution to observe the production of and negotiation between Islamic and Western legal norms. The essay first examines the historical foundations of Islamic legal theory in the development of the Pakistani constitution and judicial system, through interrogating the ideas of Pakistani legal theorists and Islamic scholars. The essay then traces the decision-making methodology of the court, focusing on the Supreme Court Justices and Islamic scholars who sit side by side on the bench, and together debate and ultimately adjudicate legal cases. Through interviews with justices, religious scholars, and reflections on previous studies of the court, the essay attempts to identify the construction of “secular” and “Islamic” methods of interpretation and reasoning within the judiciary. The thesis ultimately argues for a revision of the dichotomy between “secular” and “Islamic” interpretation in order to more fully understand the modern Islamic State.