Arbitrator at Chongqing Arbitration commission, Chongqing yubei district China. PhD Law (Scholar) from Southwest University of Political Science and Law, China Phone: +923457149149
The current research article gives a detailed analysis of the topic of the WTO’s DSM by exploring... more The current research article gives a detailed analysis of the topic of the WTO’s DSM by exploring the trends, challenges, and prospects of the DSM. The evolution process of the DSM is discussed with regard to the prominent trends explaining the gradual transformation of the instrument in the course of the global trade evolution. To that end, the article goes deep into exploring different difficulties that the DSM is currently experiencing, namely, the Appellate Body crisis, an increase in the time it takes to solve disputes and compliance. Specific measures that have been proposed are called into question, which relate to the reform of the Appellate Body, curbing backlog issues, and increasing the transparency of DSM actions. Evolutions of the selected trends are evident in the analysis of attempts to improve the DSM in line with modern trade conflict realities. Another frequent topic discussed in the course of the research can be named as transparency issues of DSM proceedings. This article covers several aspects important for openness, namely documents’ availability, open and clear hearings, advanced notification, and clear statement of the decision made. Such transparency-boosting measures are in consonance with the endeavor of the WTO to become more responsible and inclusive in resolving disputes. Thus, the identification of an independent review mechanism and learning programs targeting the actors involved in capacity-building provide additional grounds for the evolution of the DSM. Thus, this research article sums up the tendencies, threats, and opportunities that define the development of the WTO DSM. This way, the article outlined challenges that need to be resolved and opportunities offered by suggested reforms to consolidate a more effective DSM which will continue to address the intricacies of global trade while maintaining the efficiency of the multilateral trading system.
International Research Journal of Islamic studies , 2024
article begins with the presentation of the key concepts and benefits of international commercial... more article begins with the presentation of the key concepts and benefits of international commercial arbitration: if properly implemented, the method contributes to the enhancement of the efficacy of dispute resolution, reduction of legal dangers, and boosting of investors' confidence. It examines how Pakistan follows and deals with international arbitration standards and develops a more positive investment environment by implementing the 1958 global bilateral convention in relation to the recognition and enforcement of foreign arbitration awards. Subsequently, the research also discusses the evolution of Pakistan's arbitration framework with reference to crucial amendments such as the 2011 Amendment in the Arbitration (International Investment Disputes) Act and the backdrop of the 1940 Arbitration Act. It assesses the formation of specific arbitration organizations and their impact on the arbitration place in Pakistan, like the Karachi Centre for Dispute Resolution and International Investment and Commercial Arbitration (CIICA). Issues of efficiency in Pakistan arbitration; are the capacity of institution, interference by courts, gaps in law and procedure. The paper also identifies fields that require further enhancement such as improvement of institutional setting, enhancement of international cooperation, and enhancing public awareness on arbitration. Altogether, it informs that international commercial arbitration is relevant for mapping Pakistan's corporate landscape and attracting international funds.
The British Arbitration Act 1940 was extended to and implemented in Pakistan on the date of indep... more The British Arbitration Act 1940 was extended to and implemented in Pakistan on the date of independence. August 14, 1947. Methods such as arbitration are preferred since they are efficient legal techniques that are not as costly, and the public has trust in arbitrators. The Arbitration Act of 1940 is practiced Mostly in urban territories when court execution of arbitral decisions is needed, however, Jirga as well as Panchayat are perhaps recognizable conventional techniques that persisted in rural zones. Among various organizations of urban arbitration. As the New York Convention of 1958, the structure of arbitration entails the Recognition and Enforcement Act 2011 conducted internationally. There are calls for the adoption of the UNCITRAL MODEL LAW 1985 apart from calling for the amendment of the Arbitration ACT 1940 to be by international standards and Islamic Sharia, yet this has not been operationalized. Terms of agreement can be used in the arbitration process although written agreement is often refrained in rural areas. Currently, arbitrators work under should act by the provisions of the Arbitration Act 1940 unless provided otherwise. In the same year April 2023, to enhance the domestic arbitration position in Pakistan and to align with the UNCITRAL Model Law, the Chief Justice of Pakistan created the Arbitration Law Review Committee (ALRC). Based on the Indian Arbitration Act of 1996 and other foreign forms, the proposed Arbitration Bill would help increase arbitrations and reduce the legal system's interference. It aims at enhancing the arbitration legal structure of Pakistan by creating a distinction between domestic and international
In any nation, the judicial system is essential to maintaining the rule of law and administering ... more In any nation, the judicial system is essential to maintaining the rule of law and administering justice. The trial levels and jurisdiction of Pakistan's legal system are examined in this abstract. Pakistan's judicial system is hierarchical, with multiple tiers to handle various case kinds and conflicts. District and session courts handle both criminal and civil cases at the lowest tier. Ascending the judicial hierarchy, every province comprises high courts that have the authority to hear appeals from subordinate courts and have original jurisdiction over certain cases. As the highest court in Pakistan, the Supreme Court is tasked with interpreting the constitution, assessing rulings from subordinate courts, and acting as the last court of appeals. Specialized tribunals are also in place to handle particular legal matters. Gaining an understanding of the Trial levels and jurisdiction in the Pakistani legal system is crucial to understanding the composition and operation of the legal system in that nation. This research illuminates the essential elements of Pakistan's legal system by offering a succinct synopsis of the trial levels and jurisdiction.
The Contract Act of 1872 is relatively important in the country, Pakistan particularly because it... more The Contract Act of 1872 is relatively important in the country, Pakistan particularly because it deals with sets of rules and parameters of the contract and agreements. At the start of the year 2013, the Council of Islamic Ideology Pakistan proposed certain amendments to cover up the Act according to Islam's Sharia law. This particular recommendation has brought a lot of debate among legal practitioners and Experts, this has created a platform for developing the aspect of the views and stand of the supporters and the opponents of the proposed amendments. This work shall outline the legal structure, based on the Contract Act of 1872 as well as the changes that has been suggested by the Council of Islamic Ideology. Most of the lawyers and jurists are totally against the so-called reform of the Contract Act 1872 of Pakistan and emphasize that these amendments are not required and hence may cause confusion to the existing laws. Some of them state that in the current Act, there is adequate protection of the Islamic values and to undertake any further measures as will cause legal uneasiness and vagueness. In contrast, several lawyers and activists hold the opinion that new changes are necessary to ensure that the law should be compliant with Sharia law, this is because the Pakistan legal framework contains elements of Sharia law. They suggested the present law does not reflect the Islamic view and what the CII stole out is what can supplement the absence. Collectively, while considering the role of the Council of Islamic Ideology, the discussion elucidates that there is a possibility that the expert's and advocates' viewpoints contribute to the realization of the fact that it is difficult to amend laws at the central level.
The legal relationships between parties engaged in contracts in Pakistan are governed by the Cont... more The legal relationships between parties engaged in contracts in Pakistan are governed by the Contract Act of 1872. This act defines the rules for making and enforcing contracts, and outlines the rights and obligations of the parties involved. It covers various aspects related to contracts such as offer and acceptance, consideration, breach of contract, and remedies. The Council of Islamic Ideology Pakistan has issued recommendations on applying Islamic principles to contracts in relation to the Contract Act of 1872. The Council emphasizes the importance of following Islamic principles in contractual relationships, including mutual consent, fairness, and justice. Fatawa is a concept in Islamic law that refers to legal opinions or religious rulings issued by qualified Islamic scholars or muftis. The Council of Islamic Ideology Pakistan has issued fatawa to provide guidance on applying Islamic principles to contractual relationships in the context of the Contract Act of 1872. These fatawa provide a valuable resource for interpreting the Contract Act of 1872 in light of Islamic principles and emphasize the importance of ensuring that contractual relationships are based on fairness and justice, which aligns with the fundamental principles of Islamic law. Overall, the Council's recommendations and fatawa provide guidance for applying Islamic principles to contractual relationships, which can help ensure that contracts are entered into in a manner that is consistent with the Contract Act of 1872 and the principles of Islamic law.
This article presents a comparative analysis of the biomedical and Islamic view points on the con... more This article presents a comparative analysis of the biomedical and Islamic view points on the concepts of marriage as an institution of reproduction, infertility and the need and necessity to carry out and put into service contemporary Assisted Reproductive Techniques (ARTs) when the spouses are affected with the full or partial infertility. There is a common connotation that the Sharī'ah rejects all forms of ARTs but this research nullifies this assumption and gives rational reasons when a technique is rejected and provides reasons too when any such technique is accepted under Islamic law. ARTs like Artificial Insemination, In-Vitro Fertilization (IVF), Donor Eggs and Donor Sperms, Surrogacy and Cloning have been discussed in the light of Sharī'ah rulings in order to examine the conditions for their permissibility by evaluating their nature and medical process.
Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic ... more Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic science in the recent past. So far it has not been practiced over human beings but owing to its huge potential and possible scope, it has attracted the attention of not only the masses (particularly the infertile couples and LGBTQs etc) but the other stakeholders including the religious scholars from worlds' prominent religions have given their views on this technology in order to guide their followers. This paper examines and reviews the religious points of view on human cloning. For this purpose, three Semitic religions in the world i-e Judaism, Christianity, and Isl m have been examined. As far as Islam is concerned, this portion has been divided into two broad sections elaborating the Sh 'ah and Sunn schools' opinions. Being an innovative topic, the religious teachings do not address it directly hence the injunctions related to the reproduction are most relevant to it. Three Semitic religions have been examined from the perspective of admissibility or nonadmissibility of human cloning, the rationale behind the verdict on human cloning and the possible solutions to the issues and problems faced by the followers in the case of acceptance or rejection of this biomedical technology. Most of the religions emphasize over adaptability of the natural mode of reproduction only, where male and female genders contribute to the reproductive cycle. The Semitic religions reject the reproductive cloning generally. The religious experts need to conduct more focused and updated research before coming to any conclusion about the permissibility or nonpermissibility of this technique.
Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic ... more Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic science in the recent past. So far it has not been practiced over human beings but owing to its huge potential and possible scope, it has attracted the attention of not only the masses (particularly the infertile couples and LGBTQs etc) but the other stakeholders including the religious scholars from worlds’ prominent religions have given their views on this technology in order to guide their followers. This paper examines and reviews the religious points of view on human cloning. For this purpose, three Semitic religions in the world i-e Judaism, Christianity, and Islām have been examined. As far as Islam is concerned, this portion has been divided into two broad sections elaborating the Shī‘ah and Sunnī schools’ opinions. Being an innovative topic, the religious teachings do not address it directly hence the injunctions related to the reproduction are most relevant to it. Three Semitic...
The current research article gives a detailed analysis of the topic of the WTO’s DSM by exploring... more The current research article gives a detailed analysis of the topic of the WTO’s DSM by exploring the trends, challenges, and prospects of the DSM. The evolution process of the DSM is discussed with regard to the prominent trends explaining the gradual transformation of the instrument in the course of the global trade evolution. To that end, the article goes deep into exploring different difficulties that the DSM is currently experiencing, namely, the Appellate Body crisis, an increase in the time it takes to solve disputes and compliance. Specific measures that have been proposed are called into question, which relate to the reform of the Appellate Body, curbing backlog issues, and increasing the transparency of DSM actions. Evolutions of the selected trends are evident in the analysis of attempts to improve the DSM in line with modern trade conflict realities. Another frequent topic discussed in the course of the research can be named as transparency issues of DSM proceedings. This article covers several aspects important for openness, namely documents’ availability, open and clear hearings, advanced notification, and clear statement of the decision made. Such transparency-boosting measures are in consonance with the endeavor of the WTO to become more responsible and inclusive in resolving disputes. Thus, the identification of an independent review mechanism and learning programs targeting the actors involved in capacity-building provide additional grounds for the evolution of the DSM. Thus, this research article sums up the tendencies, threats, and opportunities that define the development of the WTO DSM. This way, the article outlined challenges that need to be resolved and opportunities offered by suggested reforms to consolidate a more effective DSM which will continue to address the intricacies of global trade while maintaining the efficiency of the multilateral trading system.
International Research Journal of Islamic studies , 2024
article begins with the presentation of the key concepts and benefits of international commercial... more article begins with the presentation of the key concepts and benefits of international commercial arbitration: if properly implemented, the method contributes to the enhancement of the efficacy of dispute resolution, reduction of legal dangers, and boosting of investors' confidence. It examines how Pakistan follows and deals with international arbitration standards and develops a more positive investment environment by implementing the 1958 global bilateral convention in relation to the recognition and enforcement of foreign arbitration awards. Subsequently, the research also discusses the evolution of Pakistan's arbitration framework with reference to crucial amendments such as the 2011 Amendment in the Arbitration (International Investment Disputes) Act and the backdrop of the 1940 Arbitration Act. It assesses the formation of specific arbitration organizations and their impact on the arbitration place in Pakistan, like the Karachi Centre for Dispute Resolution and International Investment and Commercial Arbitration (CIICA). Issues of efficiency in Pakistan arbitration; are the capacity of institution, interference by courts, gaps in law and procedure. The paper also identifies fields that require further enhancement such as improvement of institutional setting, enhancement of international cooperation, and enhancing public awareness on arbitration. Altogether, it informs that international commercial arbitration is relevant for mapping Pakistan's corporate landscape and attracting international funds.
The British Arbitration Act 1940 was extended to and implemented in Pakistan on the date of indep... more The British Arbitration Act 1940 was extended to and implemented in Pakistan on the date of independence. August 14, 1947. Methods such as arbitration are preferred since they are efficient legal techniques that are not as costly, and the public has trust in arbitrators. The Arbitration Act of 1940 is practiced Mostly in urban territories when court execution of arbitral decisions is needed, however, Jirga as well as Panchayat are perhaps recognizable conventional techniques that persisted in rural zones. Among various organizations of urban arbitration. As the New York Convention of 1958, the structure of arbitration entails the Recognition and Enforcement Act 2011 conducted internationally. There are calls for the adoption of the UNCITRAL MODEL LAW 1985 apart from calling for the amendment of the Arbitration ACT 1940 to be by international standards and Islamic Sharia, yet this has not been operationalized. Terms of agreement can be used in the arbitration process although written agreement is often refrained in rural areas. Currently, arbitrators work under should act by the provisions of the Arbitration Act 1940 unless provided otherwise. In the same year April 2023, to enhance the domestic arbitration position in Pakistan and to align with the UNCITRAL Model Law, the Chief Justice of Pakistan created the Arbitration Law Review Committee (ALRC). Based on the Indian Arbitration Act of 1996 and other foreign forms, the proposed Arbitration Bill would help increase arbitrations and reduce the legal system's interference. It aims at enhancing the arbitration legal structure of Pakistan by creating a distinction between domestic and international
In any nation, the judicial system is essential to maintaining the rule of law and administering ... more In any nation, the judicial system is essential to maintaining the rule of law and administering justice. The trial levels and jurisdiction of Pakistan's legal system are examined in this abstract. Pakistan's judicial system is hierarchical, with multiple tiers to handle various case kinds and conflicts. District and session courts handle both criminal and civil cases at the lowest tier. Ascending the judicial hierarchy, every province comprises high courts that have the authority to hear appeals from subordinate courts and have original jurisdiction over certain cases. As the highest court in Pakistan, the Supreme Court is tasked with interpreting the constitution, assessing rulings from subordinate courts, and acting as the last court of appeals. Specialized tribunals are also in place to handle particular legal matters. Gaining an understanding of the Trial levels and jurisdiction in the Pakistani legal system is crucial to understanding the composition and operation of the legal system in that nation. This research illuminates the essential elements of Pakistan's legal system by offering a succinct synopsis of the trial levels and jurisdiction.
The Contract Act of 1872 is relatively important in the country, Pakistan particularly because it... more The Contract Act of 1872 is relatively important in the country, Pakistan particularly because it deals with sets of rules and parameters of the contract and agreements. At the start of the year 2013, the Council of Islamic Ideology Pakistan proposed certain amendments to cover up the Act according to Islam's Sharia law. This particular recommendation has brought a lot of debate among legal practitioners and Experts, this has created a platform for developing the aspect of the views and stand of the supporters and the opponents of the proposed amendments. This work shall outline the legal structure, based on the Contract Act of 1872 as well as the changes that has been suggested by the Council of Islamic Ideology. Most of the lawyers and jurists are totally against the so-called reform of the Contract Act 1872 of Pakistan and emphasize that these amendments are not required and hence may cause confusion to the existing laws. Some of them state that in the current Act, there is adequate protection of the Islamic values and to undertake any further measures as will cause legal uneasiness and vagueness. In contrast, several lawyers and activists hold the opinion that new changes are necessary to ensure that the law should be compliant with Sharia law, this is because the Pakistan legal framework contains elements of Sharia law. They suggested the present law does not reflect the Islamic view and what the CII stole out is what can supplement the absence. Collectively, while considering the role of the Council of Islamic Ideology, the discussion elucidates that there is a possibility that the expert's and advocates' viewpoints contribute to the realization of the fact that it is difficult to amend laws at the central level.
The legal relationships between parties engaged in contracts in Pakistan are governed by the Cont... more The legal relationships between parties engaged in contracts in Pakistan are governed by the Contract Act of 1872. This act defines the rules for making and enforcing contracts, and outlines the rights and obligations of the parties involved. It covers various aspects related to contracts such as offer and acceptance, consideration, breach of contract, and remedies. The Council of Islamic Ideology Pakistan has issued recommendations on applying Islamic principles to contracts in relation to the Contract Act of 1872. The Council emphasizes the importance of following Islamic principles in contractual relationships, including mutual consent, fairness, and justice. Fatawa is a concept in Islamic law that refers to legal opinions or religious rulings issued by qualified Islamic scholars or muftis. The Council of Islamic Ideology Pakistan has issued fatawa to provide guidance on applying Islamic principles to contractual relationships in the context of the Contract Act of 1872. These fatawa provide a valuable resource for interpreting the Contract Act of 1872 in light of Islamic principles and emphasize the importance of ensuring that contractual relationships are based on fairness and justice, which aligns with the fundamental principles of Islamic law. Overall, the Council's recommendations and fatawa provide guidance for applying Islamic principles to contractual relationships, which can help ensure that contracts are entered into in a manner that is consistent with the Contract Act of 1872 and the principles of Islamic law.
This article presents a comparative analysis of the biomedical and Islamic view points on the con... more This article presents a comparative analysis of the biomedical and Islamic view points on the concepts of marriage as an institution of reproduction, infertility and the need and necessity to carry out and put into service contemporary Assisted Reproductive Techniques (ARTs) when the spouses are affected with the full or partial infertility. There is a common connotation that the Sharī'ah rejects all forms of ARTs but this research nullifies this assumption and gives rational reasons when a technique is rejected and provides reasons too when any such technique is accepted under Islamic law. ARTs like Artificial Insemination, In-Vitro Fertilization (IVF), Donor Eggs and Donor Sperms, Surrogacy and Cloning have been discussed in the light of Sharī'ah rulings in order to examine the conditions for their permissibility by evaluating their nature and medical process.
Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic ... more Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic science in the recent past. So far it has not been practiced over human beings but owing to its huge potential and possible scope, it has attracted the attention of not only the masses (particularly the infertile couples and LGBTQs etc) but the other stakeholders including the religious scholars from worlds' prominent religions have given their views on this technology in order to guide their followers. This paper examines and reviews the religious points of view on human cloning. For this purpose, three Semitic religions in the world i-e Judaism, Christianity, and Isl m have been examined. As far as Islam is concerned, this portion has been divided into two broad sections elaborating the Sh 'ah and Sunn schools' opinions. Being an innovative topic, the religious teachings do not address it directly hence the injunctions related to the reproduction are most relevant to it. Three Semitic religions have been examined from the perspective of admissibility or nonadmissibility of human cloning, the rationale behind the verdict on human cloning and the possible solutions to the issues and problems faced by the followers in the case of acceptance or rejection of this biomedical technology. Most of the religions emphasize over adaptability of the natural mode of reproduction only, where male and female genders contribute to the reproductive cycle. The Semitic religions reject the reproductive cloning generally. The religious experts need to conduct more focused and updated research before coming to any conclusion about the permissibility or nonpermissibility of this technique.
Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic ... more Human cloning has emerged as a new and innovative technology in the reproductive and therapeutic science in the recent past. So far it has not been practiced over human beings but owing to its huge potential and possible scope, it has attracted the attention of not only the masses (particularly the infertile couples and LGBTQs etc) but the other stakeholders including the religious scholars from worlds’ prominent religions have given their views on this technology in order to guide their followers. This paper examines and reviews the religious points of view on human cloning. For this purpose, three Semitic religions in the world i-e Judaism, Christianity, and Islām have been examined. As far as Islam is concerned, this portion has been divided into two broad sections elaborating the Shī‘ah and Sunnī schools’ opinions. Being an innovative topic, the religious teachings do not address it directly hence the injunctions related to the reproduction are most relevant to it. Three Semitic...
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