Dr Muhammad Zubair Abbasi

Family Law

Company Law 

Commercial Law 

Dr. Abbasi's teaching experience spans over a decade. He has taught a variety of undergraduate and post-graduate modules at universities in the UK, Egypt and Pakistan. He has published textbooks on family law and contract law.

I am an experienced supervisor of projects at LLM, MPhil and PhD levels. I am particularly keen to supervise projects in the fields of family law, corporate law, comparative law, Sharia, state law and human rights law, Islamic law and jurisprudence in contemporary world, law and society in South Asia and the Middle East, and law and religion.

As a legal scholar with expertise in Islamic law, human rights law, and comparative law, I have conducted extensive research on the interaction between traditional Islamic legal principles and contemporary legal frameworks, particularly in the context of international human rights law. My research explores issues related to Islam, human rights and constitutionalism, impact of globalisation on Islamic law, and the impact of technology on Islamic law.

One of the key themes of my research is the role of legal reform in promoting gender equality and women’s rights within Muslim societies. I have explored this topic in a number of contexts, including the development of women’s right to no-fault based judicial divorce, Muslim women’s right to matrimonial property, and the role of independent legal reasoning (ijtihād) as a tool for legal reform to protect the rights of women and children. Another important aspect of my research is the interaction between Islamic law and international human rights law. I have explored this issue in the context of Islamic constitutionalism in the Muslim world, as well as in my work on the application of Islamic criminal laws (ḥūdūd) in Pakistan. My research continues to focus on these and related issues, with an emphasis on contributing to ongoing debates about the relationship between Sharia and contemporary legal systems. I am particularly interested in exploring the potential for legal pluralism to facilitate greater reform and recognition of Islamic legal principles within modern legal systems, while also ensuring the protection of human rights and gender equality.

As a scholar, I am intrigued by the impact of globalisation on Islamic law and legal systems. The increasing integration of Muslim communities into global communities requires an understanding of how international law and secular norms intersect with Islamic legal principles. In this context, the use of Sharia in family matters, such as marriage, divorce, custody of children, and domestic abuse, has generated considerable public debate in the United Kingdom. Sharia councils have been established in the UK to provide guidance and advice to Muslims seeking to resolve matrimonial disputes in line with Islamic principles. However, there are legitimate concerns that such councils may lack transparency and accountability, and their decisions may violate UK laws and human rights standards. Nevertheless, it is important to acknowledge that many Muslims in the UK view Sharia-based principles as a crucial aspect of their religious identity and cultural heritage. As a researcher, I consider it essential to engage with these conflicting perspectives to explore the potential implications of Sharia-inspired practices in the UK. This could entail conducting empirical research to enhance our understanding of the experiences of Muslims seeking to resolve family disputes through Sharia councils while underscoring the legal and human rights implications of applying Sharia-inspired practices under the legal system in the UK. My current research project, titled “Romance, Religion, and Regulation: What is or isn’t a Marriage, that is the Question?” seeks to contribute to ongoing debates about the role of Sharia in the UK.

As a scholar of Islamic law, jurisprudence and political theory, my research focuses on the relationship between Islam, human rights and constitutionalism. Specifically, I am interested in exploring the ways in which Islamic legal and ethical principles are incorporated into constitutional frameworks in Muslim-majority countries. I explore the intersection between traditional Islamic political thought and contemporary constitutional theory, with a particular emphasis on issues of democracy, human rights, and governance. This issue has been the subject of my recently published co-authored book titled, Democracy under God: Constitutions, Islam and Human Rights in the Muslim World (Cambridge University Press 2023). A major theme in my research is the tension between Islamic notions of divine sovereignty and the modern concept of popular sovereignty. I have explored this topic in a number of contexts, including the development of Islamic constitutionalism in countries such as Iran, Egypt, Afghanistan, and Pakistan.

Another important aspect of my research is the relationship between Islamic constitutionalism and international human rights law. I have explored this issue in the context of debates about the compatibility of Islamic law and human rights norms, as well as the potential for Islamic constitutionalism to serve as a framework for the protection and promotion of human rights in Muslim-majority countries. My future research will continue to focus on these and related issues, with an emphasis on contributing to ongoing debates about the relationship between Islam and constitutionalism in the contemporary world. I am particularly interested in exploring the potential for Islamic constitutionalism to serve as a framework for democratic governance and the protection of human rights in diverse Muslim-majority contexts. My forthcoming book titled “Constitutionalising Sharia: Incorporation of Islam into the Legal System of Pakistan” critically evaluates the historical process of Islamisation of state laws in Pakistan and its impact on the administration of justice under the Islamized legal system.

In addition to my existing research, I am also interested in exploring the role of technology in the development and application of Islamic law. This includes exploring the impact of technology and artificial intelligence on legal reasoning, authority, and decision-making. There are numerous technological innovations that are shaping the way Islamic law is understood and practiced in modern societies, such as the availability of online fatawa, Islamic inheritance calculators, and searchable databases of classical Islamic legal texts. I plan to assess the potential benefits and challenges of these technological innovations, with a particular focus on their impact on gender equality, human rights, and democratic governance. By contributing to a more nuanced understanding of the intersection of Islamic law, technology, and artificial intelligence, my research aims to facilitate the development of more just, inclusive, and equitable legal systems in Muslim societies.
 

Dr. Abbasi has authored several publications, including books, journal articles, and research papers, on topics related to family law, Islamic law, human rights law, and constitutional law. His most notable works include “Family Laws in Pakistan,” (Oxford University Press 2018, 2nd edn 2023) which he co-authored with Prof Dr. SA Cheema, and “Democracy under God: Constitutions, Islam and Human Rights in the Muslim World,” (Cambridge University Press 2023) co-authored with Dr. DI Ahmed. Dr. Abbasi’s research on corporate theory, women’s rights under Islamic law, Islamic constitutionalism, Islamic trust/endowments (awqāf), and Muslim family law in South Asia and UK is widely cited and has been highly regarded in the academic community.

Dr. Abbasi is an active and dedicated member of the international scholarly community, consistently engaging in academic conferences and workshops to advance the knowledge and understanding of Islamic law and its application in contemporary legal systems. He presented his paper on the “Impact of Islamization on the Legal System of Pakistan: Is Islam Solution or Problem?” at the IGLP Global Scholars Academy held in Geneva, Switzerland in January 2022. He presented another paper on “Inheritance Rights of Childless Widows under Shia Law” at the Dynamics of Islamic Legal Change conference hosted by the German Technical University in Oman in February 2022.

Dr. Abbasi was selected to present at the International Junior Faculty Forum held at Stanford Law School where he presented on “Constitutionalizing Sharia: Incorporation of Islam into the Legal System of Pakistan” in October 2021. He also spoke at the Asia-Pacific Trust Law Conference held at the Melbourne School of Law in December 2021, presenting on “Pakistan’s New Trusts Acts 2020: Adaptation to Regulatory Overkill” and “Constructive Trusts under Muslim Family Law: Acknowledging Women's Rights to Matrimonial Property.”

Dr. Abbasi’s academic contributions to the field of Islamic law and jurisprudence also include his participation in the Harvard Law School Institute for Global Law & Policy Conference in Bangkok in January 2019, where he presented on the “Application of Islamic Criminal Laws in Pakistan.” He has also presented on topics such as the coexistence of Sharia and the modern state, Islamic family law, and the judicial Islamisation of property laws in Pakistan at various conferences held in different parts of the world.
 

Member, Society of Legal Scholars, UK

Member Islamabad Bar Association and Punjab High Court Bar Council, Pakistan

Member Institute of Global Law & Policy, Harvard Law School

South Asia Editor, ShariaSource Harvard Law School
 

1. “Romance, Religion and Regulation: What is or isn’t a Marriage, that is the Question?” Annual Conference of the Society of Legal Scholars held at Oxford Brooked University. 27-30 June 2023.
2. “The Qur’an as the Source of Rights: Inheritance Rights of Childless Widows under Shia Muslim Personal Law in Pakistan” Succession in Islamic Law Workshop held at Max Planck Institute, Hamburg. 29-30 March 2023.
3. “Impact of Islamization on the Legal System of Pakistan: Is Islam Solution or Problem?” IGLP Global Scholars Academy 2021, Geneva, Switzerland. 6-8 January 2022.
4. “Inheritance Rights of Childless Widows under Shia Law.” Dynamics of Islamic Legal Change: the Transmission of Texts and Law across the Indian Ocean. German Technical University, Oman. 19-21 February 2022.
5. “Constitutionalizing Sharia: Incorporation of Islam into the Legal System of Pakistan.” International Junior Faculty Forum, Stanford Law School. 8-9 October 2021.
6. “Pakistan’s New Trusts Acts 2020: Adaptation to Regulatory Overkill.” Asia-Pacific Trust Law Conference. Melbourne School of Law, Australia. 9-10 December 2021.
7. “Constructive Trusts under Muslim Family Law: Acknowledging Women’s Rights to Matrimonial Property.” Asia-Pacific Trust Law Conference. Melbourne School of Law, Australia. 9-10 December 2019.
8. “Application of Islamic Criminal Laws in Pakistan.” Harvard Law School Institute for Global Law & Policy Conference 2019. Bangkok. 6-10 January 2019.
9. “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.
10. “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. 14-15 December 2015.
11. “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. 1-4 June 2015.
12. “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. 12-14 May 2015.
13. “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.
14. “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.
15. “Islamic Law and Modern State in the Discourse on Judicial Islamisation of Property Laws in Pakistan.” Harvard Law School Institute for Global Law & Policy (IGLP). Hamad Bin Khalifa University, Doha. January 2 and 12, 2015.
16. “The Genesis of Business Corporations: A Comparative Historical Analysis.” European Historical Economics Society Summer School. Carlos III University Madrid, Spain. June 27–30, 2012.
17. “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.