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" CONTEMPORARY LEGAL THOUGHT IN CONTEMPORARY LEGAL THOUGHT IN ISLAMIC JURISPRUDENCE   By   A. R. Akhtar, Advocate   Shariah, Shariah Law and the Injunctions of Islam are being used synonymously to indicate the entire corpus juris of the present day Muslim Law. However, modern judicial thought tends to classify the differences in terms of their legal enforcibility and recognition by the State as against its conceptual validity. The important question that still remains unsolved is how to give the corpus a juridical base for formal incorporation of Shariah Law into the framework of national legal fabrics. This is a logical outcome of the concept of independent legislature in the contemporary legal thought in the field of functional jurisprudence.   10. PLD 1991 SC 1051; 1991 SCMR 1890; PLD 1986 SC 6; PLD 1982 SC 139; PLD 1981 SC 377; PLD 1973 Lah. 1; PLD 1969 Lah. 1087; 1989 ALD 272; PLD 1975 SC 32; PLD 1989 Lah. 175; 1990 CLC 645; PLD 1990 SC 926; PLD 1981 Jour. 19; PLD 1965 SC 690; PLD 1984 SC 95; PLD 1964 SC 536 and PLD 1989 Lah.142.   In the realm of constitutionality this trend is, at the same time, not an evidence of negation of religious thought, or belief in the sovereignty of Allah, nor of the imperative nature of Sharjah for the Muslim Ummah, but a sophisticated exercise in legislation on the basis of norms of Sharjah. The Islamisation process adopted today is commendable; it demands enormous work, labour, and in formulation an extremely difficult contrivance of legislation by way of reference, as against the straightforward process of legislation by incorporation. This Constitutional mechanism chosen by the legislature however, tends to preserve the corpus juris of Sharjah in its original form, and delegates the task of recognition and…
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