Faculty of Law

The Objectives Resolution was passed from the Constituent Assembly of Pakistan under the leadership of the first Prime Minister of Pakistan Liaquat Ali Khan in 1949 which has been made the preamble of the Constitution of Pakistan 1973. The first Constitution of Pakistan was enforced in 1956 and was abrogated in 1958 and the second Constitution of
Pakistan was promulgated in 1962 and abrogated in 1969. The current Constitution of Pakistan was enacted and promulgated in 1973. It has validated all actions of the ruler Yahya Khan and Zulfiqar Ali Bhutto from 21st March 1969 till the enforcement of the Constitution in 1973 and later on the actions of General Zia ul Haq and Pervez Musharaf as well. The present Pakistan belongs to different people, who are different in language and there are some cultural differences as well, but majority belongs to the religion of Islam that is why the present constitution states that the Islam is the state religion of Pakistan. Initially, the constitution worked a little well and it seemed that it is working in favour of the nation at large, but later on the ruling elite made several amendments in it for their benefits rather than making it beneficial for the people of Pakistan at large. It is the voice of the people of Pakistan that the current Constitution of Pakistan 1973 should be amended according to the will of the people of Pakistan at large and for their benefits and the fairly elected government should eradicate those later amendments which are giving benefits to the ruling elite only.

Pakistan came into being in 1947. It struggled a lot during its initial days. It did not come to consensus to make a constitution until 1956 but later on military regime intervened. It is a drawback of Pakistan that laws and the constitution are not made indeed for its people rather they are made for the selfish elite who come into the power time to time without the support of the people. An unelected person cannot make a law for the betterment of the people he always do things for his own interest. Purpose-To point out weaknesses and hindrances in the social legal transformation of Pakistan and to recommend changes and best possible ways to build a highly social legal transformed society. Design/methodology/approach-The treatise is made taking into account the qualitative approach by looking into the historical prospect of social legal issues of Pakistan and to come to a conclusion to draw a better picture if followed the suggested steps. Findings-The paper includes the review of the history and weaknesses in legal transformation and comprehensive suggested steps to be followed to overcome the weaknesses and deficiencies. Research limitations/implications-The paper is limited to the social and legal aspects of the transformation in Pakistan and does not go into the deep details of politics and culture. Practical implications-Suggested steps can be followed by the legislature to make amendments in laws and to make more suitable laws which is a necessity for the better social transformation of Pakistan. Originality/Value-The research is a good piece and has an importance in its field and may help a lot in the development of the country and the region specially and the world at large generally. Keywords: Islamic rulers of the sub-continent; British India and its laws; Constitution of Pakistan 1956,1962 and 1973. Research type: The said research is a critical analysis on the development and transformation of Pakistan with respect to law and social justice.

Arbitration is a method, through which, parties resolve their disputes; outside the court of law; by avoiding all types of technicalities of procedural law. It is one of the modes of Alternate Dispute Resolution. The Arbitration Act 1940 is the only statute in Pakistan, which deals with all types of arbitration processes in Pakistan, but it does not deal with the recognition and enforcement process of International Arbitral Awards in Pakistan. The New York Convention 1958 is enforced in Pakistan, through the Recognition and Enforcement Act 2011 and it deals with the recognition and enforcement process of International Arbitral Awards in Pakistan. The problem in Pakistan is that the majority arbitration processes are not conducted, in accordance with the provisions of the prescribed laws of arbitration, they are usually conducted, in accordance with the customs and usages of the society, which are not prescribed in the current Arbitration Act 1940. There are private Jirga and Punchayat systems; in rural areas; throughout Pakistan, to resolve disputes of the poor people of the locality and the decision of that proceeding usually are not submitted in the court of law, for the implementation, which is the requirement under the Arbitration Act 1940, for the smooth implementation of the decision; through the executive wing of the state. Many countries of the world have amended their arbitration laws, as per the customs and usages of the society and under the light of the relevant International Conventions and Treaties. Similarly, in Pakistan, the Arbitration Act 1940 needs a lot of changes, as per the customs and usages of the society, relevant principles laid down in the Holy Quran and Sunnah of Prophet Muhammad and in accordance with the related International Conventions and Treaties. The UNCITRAL Model Law 1985 is not applicable in Pakistan, thus it is also a requirement and need of the time to be implemented in Pakistan, through the act of the Parliament.

Available remedies to challenge arbitral awards in Pakistan are modification, remission, annulment and revocation of recognition and enforcement. Arbitration is a method through which disputing parties resolve their disputes outside the Court by avoiding technicalities of procedural law. If there is irregularity regarding process and procedure of arbitral tribunal, parties to an arbitration agreement may apply against it in the Court. Arbitrator files an arbitral award in the Court after completion of arbitral proceedings. If arbitral award is domestic and comes under ambit of Civil Court, arbitrator files arbitral award there but in case of foreign arbitral award, parties to arbitration agreement are required to file arbitral award with arbitration agreement and in case if arbitral award and arbitration agreement are not in official language of Pakistan, translation in official language is required to be submitted before High Court for implementation of arbitral award in Pakistan. Aggrieved party to arbitration agreement may challenge arbitral award before the Court for modification under section 15, for remission under section 16 and for setting aside under section 30 of the Arbitration Act 1940. Recognition and enforcement of an arbitral award may be challenged under article 5 of the New York Convention 1958. The UNCITRAL Model Law 1985 and other relevant International Conventions are not applicable in Pakistan thus aggrieved party may not avail grounds mentioned in these Statutes for modification, remission, setting aside and revocation. Pakistan is an Islamic country hence no award can be implemented in Pakistan if it is against injunctions of Islam under the light of Holy Quran and Sunnah of Prophet Muhammad ‫ﷺ‬ which comes under ambit of public policy which is one of the grounds for revocation of recognition and enforcement of an arbitral award in Pakistan.

Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Malaysia had Trade Marks Ordinance 1950 which is repealed by Trade Marks Act 1976 and there-under Trade Marks Regulations are made in 1997. Trademark dispute arises between parties at the time of registration of trademark and at later stages when infringement of the registered trademark is occurred. The aggrieved party may settle trademark dispute in Malaysia through (i) civil procedure, (ii) administrative procedure, and (iii) criminal procedure to protect his right of trademark in Malaysia. The substantive law dealing with civil procedure of trademark dispute settlement in Malaysia includes Trade Marks Act 1976 and relevant provisions of Specific Relief Act 1950 and procedural laws include Rules of Court 2012 (Order 87) and Rules of High Court 1980 (Order 100 ). The substantive criminal law for settlement of trademark dispute through criminal procedure in Malaysia is Trade Descriptions Act 2011 and the procedural law is Code of Criminal Procedure 1935. Trade Descriptions Act 2011 states that a false trade description includes trademark infringement and false trade indication is also an infringement which is misleading statement in an advertisement for the purpose of trade. The administrative procedure runs under Trade Marks Regulations 1997, Intellectual Property Corporation of Malaysia Act 2002 and relevant provisions of Trade Marks Act 1976 and Customs Act 1967. Paris Convention contains provisions related to border measures and Agreement Trade Related Aspects of Intellectual Property Rights (TRIPS) includes comprehensive chapter on enforcement of Intellectual Property (IP) rights in member states. This article reviews/analyses current trademark dispute settlement structure in Malaysia under relevant provisions of the TRIPS and Paris Convention.

An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

The Objectives Resolution was presented by the first Prime Minister of Pakistan Liaquat Ali Khan before the first Constituent Assembly of Pakistan on 7 th March, 1949 which was passed on 12 th March, 1949. It is the preamble of the Constitution of Pakistan 1973 and has been made its operative part in 1985 under article 2A. It is purpose of the Constitution of Pakistan 1973 and basis of making and amending law and Constitution in Pakistan as per principles laid down in Holy Quran and Sunnah of Prophet Muhammad ‫.ﷺ‬ As per the Objectives Resolution, sovereignty belongs to Almighty Allah alone and executive powers cannot be used in a way contrary to injunctions of Islam and principles of democracy freedom, equality, tolerance and social justice would be fully observed. Muslims and Non-Muslims are fully independent to freely practice their religion, judiciary is required to be fully independent and rights of territories of Pakistan would be fully safeguarded so that people of Pakistan would be independent to attain their rightful and honored place among nations of the world and make their full contribution towards international peace, progress, prosperity and happiness of humanity.

Islamic law has three types of punishments for criminal offences: fixed punishment, which is called Hudud, retaliation, which is called Qisas, and discretionary punishment, which is called Tazir. Hudud, fixed punishments, are predetermined by Allah the Almighty and his last Prophet Muhammad (Peace be upon him) in the Holy Quran and in the Sunnah of Prophet Muhammad (Peace be upon him. Hudud punishments are used mainly for five crimes: adultery, false accusation of adultery, theft, drinking
liquor, and apostasy. The fifth President of Pakistan, General Muhammad Zia-ul-haq, introduced Hudud codified laws in Pakistan in 1979 for four of the criminal offences: Zina (adultery), false accusation of adultery, drinking Khamr (alcohol), and theft. No law was promulgated for the offence of apostasy; rather, one ordinance was introduced on the regulation of whipping, which was later repealed by the Pakistani parliament in 1996. Secular groups advocate for the complete abrogation of Hudud law from the judicial system of Pakistan in the name of the protection of women, but the basic purpose of these groups is to spread licentious behavior in a Muslim society. Hudud law actually protects men and women from false accusations of adultery, it also protects them from unlawful fornication and from drinking Khamr; which leads to adultery and other harmful offences. During the rule of the tenth President Pervez Musharaf, in 2006, the Pakistani government repealed many provisions of the Zina and Qazf Ordinances through the Protection of Women Act. But the Government of Pakistan did not change anything in the theft and drinking Khamr Ordinances, which is a clear-cut indication that the amendments to the Zina and Qazf Ordinances were made to portray a liberal image of Pakistan while opening the door for adultery and related acts in Pakistan. The changes in the Hudud laws are discussed in detail in this
article. It is true that the law of Hudud needs procedural changes. But that does not mean that we should abrogate the whole law of Hudud and its punishments, fixed by Allah the Almighty and his last Prophet Muhammad (Peace be upon him) from the judicial system of Pakistan. The author recommends that rather than making different ordinances of Hudud, a Hudud chapter should be added to the existing Pakistan Penal Code of 1860 to get rid of the procedural difficulties. If a survey were to be conducted today in Pakistan, the majority would vote in favor of implementing Hudud Law in the Islamic Republic of Pakistan. Law is made to control the behavior of a society. If the majority of the population is happy with a law, one group of people cannot be given the right to snatch the voice of the general public and impose their verdict on the majority of the people.

The United Nations Convention on International Sale of Goods (CISG) is a harmonization of common law and civil law rules relating to sale of goods. Islamic law was not in the consideration of the drafting body, the United Nations Commission on International Trade (UNCITRAL), whereas it is one of the oldest leading legal families of the world. This accounts for a scrutiny of the CISG provisions from Islamic perspective. The present study chooses the principle of good faith, which is one of the general principles that underlie the convention, to compare with its Islamic counterpart. It finds that the principle, in general, and with respect to the formation and performance of contract, in particular, is friendly with Islamic Shari'ah.

Trademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things , e.g. , enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions , e.g. , lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.

Protection of trademark in Islamic Law is covered under verses of Holy Quran and traditions of Prophet Muhammad SAW for promotion and protection of legitimate trade and services. Trademark is one of the component of intellectual property (IP) law which is protected under Islamic Law. Islamic law are those teachings which were revealed to the last Prophet Muhammad SAW for betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like IP rights. Protection of wealth is one of maqasid al-sharia, which is public right and fully preserved under Islamic Law. Almighty Allah says, "Do not eat property of another with unlawful means except with a valid agreement solemnized with a valid consent from both sides". Prophet Muhammad SAW said "he who copies another's work is not one of us". Prophet Muhammad SAW went to Syria for trading upon the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in fiqh and hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in Holy Quran and by Prophet Muhammad SAW in Sunnah. Transaction must be clear from riba/interest; which is an excess that has no corresponding consideration in an exchange of property for property. Subject matter of transaction must not be uncertain, purpose of transaction and activities governed under a contract must be legal as per verses of Holy Quran and traditions of Prophet Muhammad SAW. IP is protected under Islamic Law, which is that area of law concerning legal rights associated with creative efforts, commercial reputation and good will. IP law includes patent for the protection of inventions, copyright for the protection of literary and artistic works and trademark for the protection of marks, signs, words and trade names, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Trademark is required to be distinctive and non-descriptive as non-descriptive trademark is a unique trademark which is easy to be registered and easily adhered by public at large. The purpose of trademark is to protect trader as well as consumer while providing them opportunity to adhere source of goods and services to distinguish them from goods and services of other undertakings. Trademark is protected under Islamic Law, but it does not allow right holder to held illegal activities under legal trademark. Trademark is protected under Islamic Law only if that trademark is used for promotion and protection of legitimate goods and services.

Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.

This study aims to analyze Sustainable Development Goals (SDGs) prescribed by United Nations Development Program (UNDP) under Islamic Law. This paper is qualitative method of research analyzing SDGs under verses of Holy Qur'an and traditions of Prophet Muhammad ‫.ﷺ‬ This study found that what SDGs ask member states to do has been prescribed in Holy Qur'an and Sunnah of Prophet Muhammad ‫ﷺ‬ way back 1400 years ago and demanded by Almighty Allah and the last Prophet Muhammad ‫ﷺ‬ for eradication of poverty, hunger, malnutrition etc. Islamic law prohibits usury, gambling, uncertainty and other illegal activities to protect poor people of the society against rich landlords. Therefore, member states are required to follow SDGs to achieve peace, harmony and economic growth for betterment of humanity which is also a duty under verses of Holy Qur'an and traditions of Prophet Muhammad ‫ﷺ‬ to achieve success in this world and in the hereafter.

Muhammad Ali Jinnah is the founder of Pakistan, delivered his first speech as Governor General of Pakistan in first session of the first Constituent Assembly of Pakistan on 11th August 1947. The speech has divided Pakistani society into 2 groups (i) first group advocates secularism in Pakistan, as (ii) second group emphasis that Pakistan is an Islamic State outcome of the struggle of Muslims of British India therefore there is no space of secularism in Pakistan. Muhammad Ali Jinnah stated that every individual living in Pakistan is the citizen of Pakistan without discrimination as to cast, color, creed, and community. If we look back to the first Islamic State founded by Prophet Muhammad صلى الله عليه وسلم it is clearly held that Muslims and Jews of the first Islamic State were declared as equal citizens and one community without discrimination under the Constitution of Madinah (Mīthāq al-Madīnah), therefore Islamic State does not mean discrimination based on religion as all citizens have equal rights before law without discrimination as to cast, color, creed and community.

Enforcement of trademark Law in Malaysia can be categorized as per Part III of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of World Trade Organization (WTO) into (i) civil procedure, (ii) criminal procedure, (iii) administrative procedure, (iv) provisional measures, and (v) border measures. Important trademark International Treaties dealing with trademark include (i) Paris Convention (ii) TRIPS (iii) Madrid Protocol. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol which provides procedure for International Trademark registration under International Bureau of World Intellectual Property Organization (WIPO). Once trademark registration is made under Madrid Protocol in one-member state, it would be protected in all member states. Important Malaysian trademark laws dealing with enforcement of trademark in Malaysia include (i) Trade Marks Act 1976 (ii) Trade Marks Regulations 1997 (iii) Intellectual Property Corporation of Malaysia Act 2002 (iv) Trade Descriptions Act 2011. This article is qualitative method of research to analyze enforcement of trademark law in Malaysia under relevant Malaysian laws as well as analysis of relevant International Treaties of trademark solemnized under WIPO and WTO. Paris Convention contains provisions on trademark and its enforcement dealing with Border Measures and TRIPS include comprehensive provisions on trademark (15-21) and enforcement of trademark (41-61) as Madrid Protocol provides procedure for International Trademark registration. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol. It is therefore recommended that Malaysian government should accede to Madrid Protocol for protection of trademarks registered in Malaysia to be protected in 98-member countries of Madrid Protocol.