Papers by Rukhsana S H A H E E N Waraich
Islamabad Law Review, 2022
Commercial surrogacy is an even more complex and contentious issue among jurists, economists, and... more Commercial surrogacy is an even more complex and contentious issue among jurists, economists, and policymakers like other medico-legal issues especially when surrogacy is conducted for wealthy foreigner individuals by local poor women in developing countries. Some researchers strongly condemn the commercialization of surrogacy and amount it to the commodification of women and children. Whereas others defend that payment to surrogates does not commodify her or the child. Some contend that she demeans humanity by renting her womb, on the contrary, some defend that she does not disgrace humanity when she gives the pleasure of a baby to an infertile couple. Legal Position is still not very clear globally. In the U.S, most of the states have permitted it with some conditions whereas English law prohibits it. This article aims at revisiting the current debate about the ethical and legal position of commercial surrogacy.
Global Legal Studies Review, 2022
Pakistan is an Islamic state which came into being in the name of Islam. The state religion is Is... more Pakistan is an Islamic state which came into being in the name of Islam. The state religion is Islam according to the Constitution of the Islamic Republic of Pakistan. According to the constitution, no law can be enacted in Pakistan against the teachings laid down by Quran and Sunnah. The reason why any legal research is incomplete without discussing the Islamic Perspective is incorporated in Article 228 of the Constitution, according to which all the laws must be in conformity with the injunctions of Islam. 14 centuries ago, Islam gave a complete code of conduct for the entire humanity. This means, that when no such formal developed legal systems were present, Islam came forward for the protection of the rights of people. Quran and Sunnah constitute the primary sources of Islamic law. The reason behind this is quite genuine, the divine message from Allah Almighty is present in the shape of the Holy Quran, and that message is translated by the Holy Prophet (PBUH) which is called Sunnah. Islamic law derives its authority from these two primary sources. This research which aims to discuss the Enforced disappearances rotates around basic Human Rights such as the right to a fair trial, the right to due process of law, the right to protection from arbitrary arrests etc. As already discussed, any research is incomplete without being validated by Islamic law.
Journal of Law & Social Studies (JLSS), 2022
Both physical and sexual abuse of children is an act of violence being practiced all over the wor... more Both physical and sexual abuse of children is an act of violence being practiced all over the world but especially in underdeveloped countries. There are a lot of causes that lead to CSA (Child Sexual Abuse). One of them is poverty, which is closely related to acts of sexual violence. A pattern has been observed in numerous sexual abuse cases where poorer families are more likely to be victims of CSA as compared to more financially stable families. The targets of sex offenders are usually children belonging to poor families because these children are easier to manipulate. Child molesters usually target young children from poor families and bribe their parents into selling their children as sex slaves or force them to make inappropriate sexual videos of their children in exchange for some cash. Victims of sexual violence may then be subjected to blackmail in the future. People who are socially crippled or outcasts of society may also fall prey to sexual violence as they are unaware of the danger that they may get involved in and are more vulnerable due to their lack of self-confidence. Such people are also targeting of sexual molesters and may become victims of sexual violence.
AL-EHSAN, 2022
After the death of Hazarat Muhammad (SAW) the responsibility of preaching was laid on the whole U... more After the death of Hazarat Muhammad (SAW) the responsibility of preaching was laid on the whole Ummah particularly on Ummah Muhammadia. In the sub-continent, the Muslim scholars and saints made the preaching of Islam their sublime mission. One of the greatest name is Hazarat Mujjadad Alf Sani (May Allah be pleased with him). The movement launched by Hazarat Mujjadad was a complete movement of preaching. This movement influenced the whole world of Islam particularly the sub continent. His prominent caliphs and followers devoted their lives to this mission of preaching. Hazarat Mujjadad adopted such a style and trend of preaching as was according to the circumstances and requirements of his era. That is why his movement met a tremendous success. The style and trend of the Hazarat's preaching movement should be kept in view in the present age. This research article presents an introduction and review of Hazarat Mujjadad's style and trend of preaching in this very background.
Journal of Social Sciences and Humanities, 2022
Industrialization and globalization have revolutionized the way human beings use to live in the p... more Industrialization and globalization have revolutionized the way human beings use to live in the past. Inflation, the desire to have a better standard of living, and an increase in career opportunities have led both genders to aspire to high career goals. Muslims were also got affected by all these modern advancements. Muslim women are stepping out and achieving new heights of career success. Moreover, (CEDAW) and other legal instruments dealing with human rights represent the knowledge and experience of centuries in a few pages. Islam being the religion of human dignity firmly believes in human rights. All these rights must be analyzed according to the traditional Islamic law as expounded by our classical jurists. This change in society ignited a religious debate among scholars. Some scholars argue that this is against Islam. In their view, women should comply with the commandment of the Quran of staying home. On the other hand, others maintain that from Khadija (May Allah be pleased with her) as a businesswoman to 'Aa'ishah (may Allah be pleased to be here) as the first prominent Muslim female scholar and teacher, there are numerous shining examples of Muslim women in Islamic history who had careers alongside the performance of their duties as homemakers. Thus, the state for Muslim women is confusing. Therefore, the researcher has strived to scrutinize the provisions of (CEDAW) in light of Islamic law concerning women's right to work.
Al-Qamar, 2021
Preservation of life is one of the five main objectives of Sharī'ah. Preservation of life include... more Preservation of life is one of the five main objectives of Sharī'ah. Preservation of life includes preservation of health too. Every human being falls ill at some point of life and needs assistance of medical practitioner. Medicine is an inexact science and can go wrong. In such cases of mistake, misadventure, negligence and criminal actions, doctors and patients end up in court of law. It is pertinent for Muslim doctors, patients and courts to seek the knowledge about the perspective of Sharī'ah regarding practice of medicine. Sharī'ah guides medical practitioners by providing them general principles for the practice of medicine and enlightens the patients about their rights. Furthermore, it directs the courts and doctors about their liability. Medical malpractice law in Sharī'ah started with the tradition of Prophet: "He who sets himself up, and undertakes the treatment of others, but had not prepared himself well for medical practice and as result has caused harm, is liable." This tradition and many other guidelines from Quran and
Journal of Theological Studies , 2022
Islamic legal maxims (al-Qawāʻid al-fiqhīyah) are an important part of the legal system of Islam.... more Islamic legal maxims (al-Qawāʻid al-fiqhīyah) are an important part of the legal system of Islam. These are the general principles that can be torchbearers in almost every field and can be defined as a concise expression of theoretical abstractions of objectives and goals of Sharī'ah and emerged after contemplation on the rules of the fiqh on various themes. Some of the legal maxims have their roots in the Holy Qur'ān and Sunnah but most of them are the hard work of the great Fuqaha who condensed the detailed discourse in a nutshell articulated as Islamic legal maxims. To date, scholars continue to ponder over the application of the maxims and enlist the novel circumstances where they are gerThe same. Same is the case with the field of medicine. Islamic legal mare as an area source of Islamic Bioethics, or Islamic Medical Ethics too. It refers to Islamic guidance on ethical or moral issues relating to medical and scientific fields, in particular, those dealing with human life. Medical Practitioners are in great need of guidance in many maabouting for the treatment of patients. It's difficult for scholars of Sharī'ah to issue a ruling regarding each medical matter. Legal maxims can be a source of guidance in this regard as well. This paper aims at explicating the legal maxims in the light of Sharī'ah with the purpose of their application in the field of mentoring to guide medical and legal practitioners.
Policy Perspectives, 2018
Medical profession is a noble profession and requires extraordinary care and caution. The complai... more Medical profession is a noble profession and requires extraordinary care and caution. The complaints of negligence and medical malpractice is not uncommon, however. Law of Torts is invoked for civil remedy for medical malpractice cases in Pakistan. Medical practitioners can be tried under charges of criminal liability too but courts are very reluctant to treat doctors under Pakistan Penal Code and want to contest such cases under civil liability. Following Indian precedent, Pakistan has given the jurisdiction to Consumer Courts too to try such cases. However, it is detestable to include medical services within the scope of consumer laws. Moreover, there is disparity regarding compensation. Thus, it is argued that a separate law should be devised for medical malpractice keeping in view the need and current practices of legal and healthcare systems.
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Papers by Rukhsana S H A H E E N Waraich