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ABOUT THE AUTHOR

Moeen Cheema

Dr. Moeen Cheema is an Associate Professor in Law and an Australian Research Council DECRA Fellow at the Australian National University (ANU).
POSTS BY Moeen Cheema
21 October 2024
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Fractured Foundations and Pakistan’s Kafkaesque Constitutional Amendment

Pakistan is in the throes of yet another constitutional crisis. The ruling coalition government, which is heavily criticized for coming to power through blatantly rigged elections in February 2024, launched a campaign to amend the 1973 Constitution in significant ways. After weeks of speculation, the federal cabinet approved a draft on Sunday afternoon, which was approved by the Senate later the same evening.  The National Assembly approved the draft today around 5 a.m., with the President assenting shortly thereafter. Continue reading >>
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22 February 2024

Pakistan’s Qazi Court and Who is Afraid of the Cricket Bat

In a fundamental misunderstanding of classical Islamic law, legendary sociologist Max Weber conceptualised it as ‘Qadi justice’ quintessentially characterized as an Islamic judge “sitting under a tree” handing out informal and irrational decisions. Weber may have been incorrect in his characterization of Islamic law, but the Qazi Court of Pakistan appears to fit that mould. In several decisions, the Qazi Court effectively condoned the unconstitutional delay in elections, suppression of the Pakistan Tehreek-e-Insaf (PTI) of Imran Khan’s election campaign, and turned a blind eye towards a campaign of repression by the military-backed establishment. However, the unkindest cut of them all to Pakistan’s democracy and the legitimacy of the elections was the Qazi Court’s decision denying the PTI its electoral symbol: the cricket bat. Continue reading >>
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