Dr Zubair Abbasi is an Associate Professor at the Shaikh Ahmad Hassan School of Law, Lahore University of Management Sciences (LUMS). His research focuses on the relationship between sharia and state law in South Asia, Middle East, and Western Europe; Islamic law and jurisprudence (usul al-fiqh) in contemporary world; and comparative law, family law and constitutional law.
Dr Abbasi completed DPhil in Law at Oxford University. In his doctoral thesis titled, “Sharī‘a under the English Legal System in British India: Awqāf (Endowments) in the Making of Anglo-Muhammadan Law”, he explored the formation of Muslim Personal Law in British India. His current research project explores the process of judicial Islamization of laws in Pakistan by examining the judgments of the Federal Shariat Court—a special court mandated to exercise Islamic judicial review. This project analyses the sources, methodologies, and methodological tools used by the judges of the Federal Shariat Court and evaluates the impact of Islamization of laws upon the legal system in Pakistan.
At LUMS, Dr Abbasi teaches Islamic Jurisprudence, Family Law, Contract Law, and Comparative Corporate Law & Governance.
Dr Abbasi is the Chief Editor of the LUMS Law Journal and an Editor for the Harvard Law School’s SHARIAsource project. He held research fellowships at Oxford University.
PUBLICATIONS
Book
Abbasi, MZ & Cheema, SA, Family Laws in Pakistan (Oxford University Press 2018).
Journal Articles
- ‘Polygamy and Second Marriage under Muslim Family Law in Pakistan’ (2020) 59: 1 Islamic Studies 1-19.
- ‘From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)’ (2019) 3 The Asian Yearbook of Human Rights and Humanitarian Law 331-356.
- ‘Christian Divorce Law in Pakistan: Past, Present and Future’ (2019) 4(1) Cambridge Law Review 169-82.
- ‘Judicial Islamization of Land Reforms Laws in Pakistan: Triumph of Legal Realism’ (2018) 57 Islamic Studies 187-208.
- ‘Co-existence of Sharī‘a and the Modern State: A Historical Perspective from South Asia’ (2018) 19 Yearbook of Islamic and Middle Eastern Law 161.
- ‘Judicial Ijtihad as a Tool for Legal Reform: Extending Women’s Right to Divorce under Islamic Law in Pakistan’ (2017) 24 Islamic Law and Society 384-411.
- Cheema, SA, Abbasi, MZ, and Khan, AU, ‘Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan’ (2018) 14 (1) Journal of International Law and Islamic Law 1-24.
- ‘Women’s Right to Unilateral No-fault Based Divorce in Pakistan and India’ (2016) 7 Jindal Global Law Review 81-95.
- ‘Sharī‘a and State Law: Relevance of Islamic Legal History for the Application of Muslim Family Law in the West’ (2014) 2 Journal of Law, Religion and State 124-38.
- ‘Islamic Law and Social Change: An Insight into the Making of Anglo-Muhammadan Law’ (2014) 25 (Oxford) Journal of Islamic Studies 263-297.
- ‘The Classical Islamic Law of Waqf: A Concise Introduction’ (2012) 26 Arab Law Quarterly 121-53.
- ‘Legal Analysis of Agency Theory: An Inquiry into the Nature of Corporation’ (2009) 51 International Journal of Law and Management 401-420.
Book Chapters
- ‘Colonial State and Muslim Institutions: History of Regulatory Framework for Awqaf (Religious Endowments) in British India’ in Brown, Rajeswary Ampalavanar and Pierce, Justin, Charities in the Non-Western World: The Development and Regulation of Indigenous and Islamic Charities (2013 Routledge) 311-32.
- ‘Al-Fatāwā al-‘Ālamgīriyya: Compilation, Contribution, and Practical Application’ in edited volume: Islamic Legal Crossings in the Indian Ocean World (2020). Forthcoming.'
- ‘Constructive Trusts under Muslim Family Law: Acknowledging Women’s Rights to Matrimonial Property’ in Asia-Pacific Trusts Law: Theory and Practice in Context (2020). Forthcoming.
- ‘Waqf in Pakistan: Rebirth of a Traditional Institution’ (2020). Forthcoming.
Book Reviews
- “Governing Islam: Law, Empire, and Secularism in Modern South Asia” (2020) Oxford Journal of Islamic Studies
- “Research Handbook on Islamic Law and Society” (2020) 58:3 Islamic Studies 453-61.
- “Marital Breakdown among British Asians: Conjugality, Legal Pluralism and New Kinship” (2019) 42: 2 Political and Legal Anthropology Review.
- “Modern Challenges to Islamic Law” (2019) 34:2 Journal of Law and Religion 245-49.
- “Muslim Endowments and Society in British India”, Journal of Law and Social Policy, 1:I (2012): 87-89.
- “The Ascent of Money: A Financial History of the World”, International Journal of Law and Management, 52: 4 (2010): 332–335.
PRESENTATIONS
Conference Presentations
- “Application of Islamic Criminal Laws in Pakistan.” Harvard Law School Institute for Global Law & Policy Conference 2019. Bangkok. 6-10 January 2019.
- “State Regulation of Sex under Islamic Legal System: Hudood Laws in Pakistan.” University of Tehran. 6-7 March 2019.
- “Women’s Right to Matrimonial Property under Islamic Family Law in Pakistan.” PCSW International Policy Conference 2018: The Social Economy of Gender. 28-29 November 2018.
- “Judicial Application of Hudood Laws in Pakistan.” Gender and Sexuality. BIICL, Charles Clore House, 17 Russell Square, London. 25 October 2018.
- “Regulation of Sex under Islamic Legal System: Judicial Application of Hudood Laws in Pakistan.” Governance and Violence in Islamic Law. Institute of Arab and Islamic Studies, University of Exeter 14 November 2017.
- “Women’s Right to Divorce between Law and Social Reality in Pakistan.” Islamic Law and its Implementation in Asia and the Middle East Conference. BIICL, Charles Clore House, 17 Russell Square, London. Friday 6 October 2017.
- “Family Waqf under the English Legal System in British India.” Muslim Endowments in Asia: Waqf, Charity and Circulation Conference. Asia Research Institute, National University of Singapore. 19-20 October 2016.
- “Law and Economic Efficiency: English Private Property Law and Muslim Family Endowments (awqāf) in British India.” Annual Economic History Society Conference held at Cambridge University. 1-3 April 2016.
- “Shari‘a Law and State Law: Balancing Religion with Politics under the Islamic Legal System.” Regulating Religion: Normativity and Change at the Intersection of Law and Religion held at the Faculty of Law, National University of Singapore. December 14 and 15, 2015.
- “Co-existence of Shari‘a and the Modern Sate: A Historical Perspective from South Asia.” Annual Workshop of the Institute for Global Law & Policy. Harvard Law School. June 1 - 4, 2015.
- “Living within the limits prescribed by Allah: Post-colonial Judiciary and Women’s Right to Divorce under Islamic Law in Pakistan.” Conference on Gender and the Colonial. SOAS Centre for Gender Studies, University of London. May 12 to 14, 2015.
- “Judicial Ijtihad as a Tool for Legal Reform: Extending Women’s Right to Divorce under Islamic Law in Pakistan” Workshop ‘Islamic Family Law: How Change is advocated. Harvard Law School, Cambridge, Massachusetts. 12-13 February 2015.
- “Relevance of Islamic Legal History in the Debate on the Application Muslim Family Law in the West.” International Fiqh Conference on Current Issues in Muslim Personal Laws: Between Sharia and State Legislation. International Islamic University Islamabad. 13-15 May 2014.
- “Non-legislating State: Islamic Law and Modern State in the Discourse on Judicial Islamisation of Property Laws in Pakistan.” Property in South Asia: History, Law and Politics. University of Pennsylvania Law School. 18-19 April 2014.
- “Law and Economic Efficiency: English Private Property Law and Muslim Family Endowments (awqāf) in British India.” Institutions and their Discontents: Rethinking Economic Development in South Asia. Cambridge University. 17-18 March 2014.
- “Co-existence of Sharīʿa and the Modern State: A Historical Perspective from South Asia.” The Shari’a Project: A UK-Netherlands Network of Scholars of Islamic Law Fourth Workshop. Institute of Arab and Islamic Studies, University of Exeter with guest scholar, Professor Wael Hallaq from Columbia University. February 6 and 7, 2014.
- “Sharī‘a under the English Legal System: Awqāf (Endowments) in the Making of Anglo-Muhammadan Law.” Oxford Legal History Forum, Faculty of Law, Oxford University. 19 November 2013.
- “Islamic Family Settlements and the English Rule against Perpetuities.” Property Law Discussion Group Faculty of Law, Oxford University. 31 October 2013.
- “Judicial Ijtihād: Contribution of the English Legal System in the Development of Islamic law.” Conference ‘Exploring New Directions in the Islamic Legal Tradition: Human Rights and Legal Reform in the 21st Century’. Law School Brunel University. 18 June 2013.
- “The Genesis of Business Corporations: A Comparative Historical Analysis.” Annual Meeting of the Economic History Conference. York University. 5-7 April 2013.
- “Different Patterns of the Development of Business Organisations in the Middle East and Europe: An Analysis of Diversity from Legal Perspective.” Annual Meeting of the Economic History Conference, Oxford University. 30 March-1 April 2012.
- “Classical Islamic Law of Waqf; and Developments in Waqf Law in British India.” Islamic Research Institute, International Islamic University Islamabad. 10 and 14 January 2012.
- “Colonial State and Muslim Institutions: History of Regulatory Framework for Awqāf (Religious Endowments) in British India.” International Conference on “Philanthropy, the State and Globalisation”. University of Hong Kong. 6-8 December 2012.
- “Legal Analysis of Agency Theory: An Inquiry into the Nature of Corporation.” International Graduate Legal Research Conference. King’s College London. 7-8 April 2011.
- “What caused the rise of Business Corporations? An analysis inspired by the Middle Eastern Experience.” PhD Law Conference. Queen Mary, London. 7 June 2011.
- “Making Sense of the Pure Theory of Law in the Real World: A Perspective from Pakistan.” Rights, Morality, and the Law Conference. Birmingham University UK. 21 September 2010.
Training Workshops
- “Islamic Law and Modern State in the Discourse on Judicial Islamisation of Property Laws in Pakistan.” Harvard Law School Institute for Global Law & Policy (IGL&P). Hamad Bin Khalifa University, Doha. January 2 and 12, 2015.
- “The Genesis of Business Corporations: A Comparative Historical Analysis.” European Historical Economics Society Summer School. Carlos III University Madrid, Spain. June 27–30, 2012.
- “Law and Economic Efficiency: English Private Property Law and Muslim Family Endowments (awqāf) in British India.” Residential training course for postgraduate students. Chancellors, University of Manchester. 28 November– 1 December 2012.
- “Why Did Corporations Develop in Europe and not in the Middle East?” PhD course on Ideologies, Ideas and Values during the Industrial Revolution. Gothenburg University, Sweden on 4-9 September 2011.