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All Outputs (17)

Re-colonisation of Jammu and Kashmir and the Right to Self-determination (2022)
Journal Article
Shah, N. A. (2022). Re-colonisation of Jammu and Kashmir and the Right to Self-determination. International Human Rights Law Review, https://doi.org/10.1163/22131035-11020005

On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the... Read More about Re-colonisation of Jammu and Kashmir and the Right to Self-determination.

The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan (2022)
Journal Article
Shah, N. A. (2022). The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan. Human rights quarterly, 44(2), 257-285. https://doi.org/10.1353/hrq.2022.0020

I argue that Islamic law treats ratified human rights treaties as part of the law of the land and as directly applicable in courts in Muslim states such as Pakistan where Sharia is the main source of law. The Islamic approach is the better and more e... Read More about The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan.

Defining Terrorism in Pakistani Anti-Terrorism Law (2018)
Journal Article
Iqbal, K., & Shah, N. A. (2018). Defining Terrorism in Pakistani Anti-Terrorism Law. Global journal of comparative law, 7(2), 272-302. https://doi.org/10.1163/2211906X-00702003

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. We conclude that the defi... Read More about Defining Terrorism in Pakistani Anti-Terrorism Law.

Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan (2017)
Journal Article
Iqbāl, K. A., & Shah, N. (2017). Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan. Australian journal of Asian law, 18(1),

The article explores the relationship between civil disputes and private crimes in two districts of Khyber Pakhtunkhwa, which is a hard hit area by terrorism and the war on terror. This article investigates if and why civil injustice may lead people... Read More about Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan.

Charlie Hebdo : testing the limits of freedom of expression (2017)
Journal Article
Shah, N. A. (2017). Charlie Hebdo : testing the limits of freedom of expression. Muslim World Journal of Human Rights, 14(1), 83-111. https://doi.org/10.1515/mwjhr-2017-0007

The right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Mu... Read More about Charlie Hebdo : testing the limits of freedom of expression.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

The use of force under Islamic law (2013)
Journal Article
Shah, N. A. (2013). The use of force under Islamic law. European Journal of International Law, 24(1), 343-365. https://doi.org/10.1093/ejil/cht013

This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jiha... Read More about The use of force under Islamic law.

War crimes in the armed conflict in Pakistan (2010)
Journal Article
Shah, N. A. (2010). War crimes in the armed conflict in Pakistan. Studies in Conflict and Terrorism, 33(4), 283-306. https://doi.org/10.1080/10576100903582535

This article argues that an internal armed conflict exists in Pakistan and the law of armed conflict together with human rights law applies to it. It is further argued that both the security forces of Pakistan and the Pakistani Taliban have and will... Read More about War crimes in the armed conflict in Pakistan.

Comment The 2006 Women Protection Act of Pakistan: An Analysis (2010)
Journal Article
Shah, N. A. (2010). Comment The 2006 Women Protection Act of Pakistan: An Analysis. Religion and human rights, 5(1), 1-10. https://doi.org/10.1163/187103210x513620

This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in 2006 has remedied the situa... Read More about Comment The 2006 Women Protection Act of Pakistan: An Analysis.

The rule of law in Pakistan (2009)
Journal Article
Shah, N. A. (2009). The rule of law in Pakistan. Public administration, 20(3), 187-193

Self-defence, anticipatory self-defence and pre-emption: International law's response to terrorism (2007)
Journal Article
Shah, N. A. (2007). Self-defence, anticipatory self-defence and pre-emption: International law's response to terrorism. Journal of conflict & security law, 12(1), 95-126. https://doi.org/10.1093/jcsl/krm006

This article makes the distinction between self-defence, anticipatory self-defence and pre-emption. It argues against pre-emption. In the presence of article 39 of the Charter the case for pre-emption is not convincing and the current international l... Read More about Self-defence, anticipatory self-defence and pre-emption: International law's response to terrorism.

Women's human rights in the Koran: An interpretive approach (2006)
Journal Article
Shah, N. A. (2006). Women's human rights in the Koran: An interpretive approach. Human rights quarterly, 28(4), 868-903. https://doi.org/10.1353/hrq.2006.0053

This article discusses three different Islamic approaches towards human rights, secular, non-compatible, and reconciliatory, and proposes an interpretive approach. It argues that if the discriminatory statutory Islamic laws of Muslim states are refor... Read More about Women's human rights in the Koran: An interpretive approach.

Honour killings: Islamic and human rights perspectives (2005)
Journal Article
Shah, N. (2005). Honour killings: Islamic and human rights perspectives. Northern Ireland Legal Quarterly, 55(1), 78-89

The issue of honour killing has become very acute in the Muslim countries/Asia in general and has got the attention of media and human rights groups in Pakistan in particular. This comment traces the origin of the notion of honour killing using Pakis... Read More about Honour killings: Islamic and human rights perspectives.

The constitution of Afghanistan and women's rights (2005)
Journal Article
Shah, N. A. (2005). The constitution of Afghanistan and women's rights. Feminist legal studies, 13(2), 239-258. https://doi.org/10.1007/s10691-005-7543-7

This article argues that women's human rights were and are being violated in Afghanistan regardless of who governs the country: Kings, secular rulers, Mujahideen or Taliban, or the incumbent internationally backed government of Karzai. The provisions... Read More about The constitution of Afghanistan and women's rights.

The Taliban Layeha for Mujahidin and the law of armed conflict
Journal Article
Shah, N. The Taliban Layeha for Mujahidin and the law of armed conflict. Journal of International Humanitarian Legal Studies, 3(1), 192-229. https://doi.org/10.1163/18781527-00301006

In 2010 the Taliban issued a third edition of their Layeha. The Layeha contains Rules and Regulations of Jihad for Mujahidin. This article first details the short history of the Layeha published by the Taliban. Subsequently its content is analysed an... Read More about The Taliban Layeha for Mujahidin and the law of armed conflict.