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1. Constitutional Issues in the Afghan Peace Negotiations: Process and Substance

Author:
Barnett R. Rubin
Publication Date:
11-2020
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
The peace negotiations between the Islamic Republic of Afghanistan and the Taliban that began in September in Doha, Qatar, will almost certainly include revisiting the country’s constitution. Both sides claim to abide by Islamic law, but they interpret it in very different ways. This report examines some of the constitutional issues that divide the two sides, placing them within the context of decades of turmoil in Afghanistan and suggesting ideas for how the peace process might begin to resolve them.
Topic:
Conflict, Negotiation, Peace, Mediation, and Sharia
Political Geography:
Afghanistan and South Asia

2. Socially Abhorrent but Legally Acceptable: A Study of Alleged Conversions of Sunnis and Shias in Cases of Inheritance in Pakistan

Author:
Shahbaz Ahmad Cheema
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
There are two main sectarian divisions among Muslims living in Pakistan; these are Sunni and Shia schools of thought. It is socially abhorred within these sects that a person belonging to them converts to another. This seems to be the reason that conversions from one sect to another are not found often in Pakistani society. If this social phenomenon of non-conversion is compared with the cases of inheritance contested in and decided by the apex judiciary of Pakistan we would be surprised by the fact that there are numerous stories of alleged conversions from Sunnism to Shiaism and vice versa. Analyzing the cases of inheritance decided by the apex judiciary of Pakistan, the paper explores the reasons of such conversions or assertions thereof. The analysis suggests that these conversions are mostly alleged and contested by the parties to such cases to enrich themselves financially or deprive the other party from any financial benefits which would have accrued had the propositus proved to be belonged to the other sect. The paper also brings to light how this space of maneuvering has been facilitated by different interpretations of law of inheritance by Sunni and Shia schools of thought.
Topic:
Courts, Sunni, Shia, Sharia, and Inheritance
Political Geography:
Pakistan and South Asia