Papers by Muhammad Zubair Abbasi
Blogpost, 2024
Generative AI (Artificial Intelligence) models like ChatGPT-4 represent a qualitative leap forwar... more Generative AI (Artificial Intelligence) models like ChatGPT-4 represent a qualitative leap forward in natural language processing, but unlike numerical calculators, the information they generate is often not verifiable in fields characterised by subjectivity and expert opinion. These models, often described as "dangerous but convincing tools," can produce human-like responses that, while confident, may spread oversimplified and non-representative knowledge.
The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intellig... more The emergence of Large Language Models (LLMs) like ChatGPT has revolutionized artificial intelligence (AI), enabling rapid and efficient generation of qualitative content. In the legal sector, this has led to augmented lawyering," where AI tools enhance lawyers' capabilities, transforming how legal services are delivered. However, the notion of "augmented judging"-using AI to support judicial decision-making-has been met with cautious acceptance. This hesitance stems largely from a trust deficit surrounding AI, given its relatively recent introduction to such critical roles.
Islamic Studies, 2022
Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judic... more Pakistan is the first Muslim country, which recognized women's unilateral right to no-fault judicial divorce (khul') under Islamic family law in 1959. In contemporary Pakistan, Muslim women have the unilateral right to dissolve their marriages through summary court procedure. This has been made possible because of the gradual changes in case law and procedural law stretching over more than half a century. Despite questioning the validity of state-enforced Islamic divorce law on the basis that it is not in line with classical Islamic law (sharī'ah/fiqh), traditional 'ulamā' (religious scholars) accept the validity of court decrees of the dissolution of marriage based on khul'. As a result, the validity of judicial khul' under Islamic law is well established in Pakistan. This shows that the judges of the superior courts act as final arbiters by determining the binding interpretation of the Qur'ān and sunnah and the same has been approved by the 'ulamā'. Keywords no-fault judicial divorce (khul'), traditional 'ulamā', judges of superior courts, final arbiters.
Islamic Studies, 2022
The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporate... more The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.
This study investigates the transformative impact of artificial intelligence (AI) on expertise, a... more This study investigates the transformative impact of artificial intelligence (AI) on expertise, authority, and authenticity within the realms of Sharia. The paper explores how AI affects the traditional role, authority and status of jurists within the framework of Sharia. By examining the transformative potential of artificial intelligence (AI), the study seeks to unravel the ways in which information made accessible by artificial intelligence (AI) may alter the societal understanding of authorship and authenticity, authority and expertise, reason, and responsibility in the context of Sharia. The specific focus of this study is on the evaluation of the accuracy and efficiency of online inheritance calculators, which have rendered one of the most complex and crucial areas of Sharia easily accessible to general public. For this purpose, the leading online inheritance calculators are assessed for their accuracy in providing answers to various propositions under different schools within Sunni and Shia Islam. This examination sheds light on the complex dynamics between technology and the traditional roles of jurists in the realm of Sharia. The primary objective of this study is to assess the impact of artificial intelligence (AI) on the traditional understanding of understanding of authenticity, authority and expertise within the context of Islamic jurisprudence.
The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements t... more The advent of Large Language Models (LLMs) such as ChatGPT has brought significant advancements to the field of artificial intelligence (AI), offering faster and more efficient generation of qualitative data. AI's implementation in legal services has led to the emergence of "augmented lawyering," transforming the human dimensions of legal services by enhancing the capabilities of lawyers who utilize AI-enabled tools in their professional work. However, the utilization of AI for "augmented judging," aiming to enhance the capacities of judges, has faced a lukewarm response. This reaction can be attributed primarily to the inherent trust deficit associated with AI as a relatively novel technology. The use of ChatGPT-generated content in a judgment by a district court judge in Pakistan triggered immediate and mixed reactions. While technology enthusiasts welcomed the integration of AI in adjudication, especially for its potential to generate fast and efficient qualitative content, others expressed concerns about its usage without adequate safeguarding mechanisms. This paper examines the reactions to the judgment that incorporated ChatGPT-generated content within the context of existing literature on transparency, accountability, and trustworthiness of AI in adjudication. The research highlights the importance of establishing robust safeguarding mechanisms to mitigate the risks associated with AI in adjudication. These mechanisms encompass guidelines, regulations, and standards governing the deployment, usage, and evaluation of AI systems in the legal domain. By addressing the trust deficit and implementing effective safeguards, the legal community can leverage AI's potential for enhanced qualitative content generation while upholding the integrity and fairness of the adjudicatory process.
International Journal of Comparative Constitutional Law, 2021
MJTILP Vol 18 Iss 2 - Article, 2022
The role of Islam is widely debated in the constitutional systems of many Muslim majority states.... more The role of Islam is widely debated in the constitutional systems of many Muslim majority states. The constituent elements of Islamic constitutionalism such as sovereignty of God, consultation, consent, and public interest can be employed to design a variety of governments. In reality, particular historical contexts of Muslim majority states determine the
role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic
constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.
Islamic Studies, 2020
Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus o... more Al-Fatawa al-‘Alamgiriyyah is a significant contribution of Indian Muslim jurists to the corpus of the Hanafi school. It was a compendium of the Hanafi authoritative rulings. At the behest of the Mughal Emperor, Aurangzeb ‘Alamgir, a board of jurists from various parts of India worked jointly to produce this compendium of Hanafi fiqh. It closely followed the Hanafi legal tradition by adopting the scheme of chapters of the famous Hanafi treatise, the Hidayah and contributed to the legal literature by including various chapters on legal practice and procedural law. The analysis of the contents of al-Fatawa al-‘Alamgiriyyah and contemporary historical evidence suggests that it performed the functions of a legal code in the historical context in which it was compiled though it was not the exclusive source of legal norms in the administrative structure of the Mughal Empire.
Islamic Law and Empire
This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islam... more This special issue of YIMEL features a selection of articles inspired by the conference on ‘Islamic Law and Empire’, which was held at Harvard Law School between 1–3 June 2015. The conference explored a series of new, and interdisciplinary, theoretical approaches to law and Empire broadly relating to the Islamic legal tradition and both historical and contemporary Islamicate societies. Studies of Empire, as a mode of governance, a trans-historical reality and an enduring legacy of European colonialism, continue to generate an influential body of academic literature. Yet, accounts of multiple Muslim and non-Muslim imperial reformulations of Islamic legality and their lasting legacies in local, regional and international legal domains are still relatively few. The goal of this special issue is to generate a range of stimulating discussions on law and Empire in the Muslim world, with a particular focus on theoretical meeting points between the studies in history, politics, sociology an...
The ascent of money: a financial history of the world
Business History, 2010
... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of th... more ... Home › Books & Reviews › Capsule Reviews › The Ascent of Money: A Financial History of the World. The Ascent of Money: A Financial History of the World. ...
Polygamy and Second Marriage Under Muslim Family Law in Pakistan Regulation and Impact
Social Science Research Network, Dec 1, 2020
Under classical Islamic family law, a husband has the right to enter into a maximum of four marri... more Under classical Islamic family law, a husband has the right to enter into a maximum of four marriages at a time. State regulation under the Muslim Family Laws Ordinance 1961 (MFLO), however, has restricted such privilege of husbands by requiring them to get permission for their polygamous marriages from the Union Council based on valid reason. Failure to do so is a criminal offence liable to punishment including imprisonment and fine. In addition to surveying the statutes and case law on the regulation of polygamy, this paper analyzes the impact of second marriage of parents on their right to the custody of children. Based on this analysis, we argue that the official Muslim family law in Pakistan prefers monogamy not only by regulating polygamous marriages, but also by denying the right of custody of children to polygamous husbands.
Maintenance of Wife and Children
There have been three cases since 1990 about the new law of maintenance of a wife during marriage... more There have been three cases since 1990 about the new law of maintenance of a wife during marriage and maintenance of children.
Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan
Islamic Law and Society, 2021
In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for ... more In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.
Preface to Special Edition: Islamic Law and Empire
Yearbook of Islamic and Middle Eastern Law Online, 2018
SSRN Electronic Journal, 2017
Nematodes have evolved the ability to parasitize plants on at least four independent occasions, w... more Nematodes have evolved the ability to parasitize plants on at least four independent occasions, with plant parasites present in Clades 1, 2, 10 and 12 of the phylum. In the case of Clades 10 and 12, horizontal gene transfer of plant cell wall degrading enzymes from bacteria and fungi has been implicated in the evolution of plant parasitism. We have used ribonucleic acid sequencing (RNAseq) to generate reference transcriptomes for two economically important nematode species, Xiphinema index and Longidorus elongatus, representative of two genera within the early-branching Clade 2 of the phylum Nematoda. We used a transcriptome-wide analysis to identify putative horizontal gene transfer events. This represents the first in-depth transcriptome analysis from any plant-parasitic nematode of this clade. For each species, we assembled~30 million Illumina reads into a reference transcriptome. We identified 62 and 104 transcripts, from X. index and L. elongatus, respectively, that were putatively acquired via horizontal gene transfer. By cross-referencing horizontal gene transfer prediction with a phylum-wide analysis of Pfam domains, we identified Clade 2-specific events. Of these, a GH12 cellulase from X. index was analysed phylogenetically and biochemically, revealing a likely bacterial origin and canonical enzymatic function. Horizontal gene transfer was previously shown to be a phenomenon that has contributed to the evolution of plant parasitism among nematodes. Our findings underline the importance and the extensiveness of this phenomenon in the evolution of plant-parasitic life styles in this speciose and widespread animal phylum.
SSRN Electronic Journal, 2012
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Papers by Muhammad Zubair Abbasi
role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic
constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.