Theories of Adjudication in Western and Islamic Law with Reference to the Islamisation of Laws in Pakistan
Abstract
How the judiciary and the judicial system work, lies at the core of discussions in modern jurisprudence. The standards that control the judges’ legal reasoning and the methods, which they adopt, are considered complex and difficult areas of this discipline. Irrespective of the system, Islamic or Western, jurisprudence comes into action in the minds of the judges when they decide cases. The way the mind of the judge works during adjudication is then the core issue. Theories of adjudication, therefore, explain the legal process of deciding cases. In technical terms, a theory of adjudication is supposed to deal with two sub-theories: the theory of jurisdiction and the theory of controversy. The latter contains standards that judges use to decide cases in which the rules are not clear. It is the theory of controversy and its standards, which the present study concerns. It also discusses certain techniques employed by the judges during adjudicating or deciding the cases.
Keywordsadjudication, Islamic jurisprudence, theory of jurisdiction, theory of controversy, qadi.
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