Khyber Law Society

  SOURCES OF LAW 1. Introduction It means the origin from where law derives or sources in reverse from where law comes. According to Salmond, there are two types of laws, i.e., formal and material. Kinds of Sources of law Different schools of thought have described various theories and several sources of law in English Jurisprudence. Some important sources of law are stated as under:     1): Formal Sources      :   The formal sources law, also known as   the Actual or ultimate Sources of law. According to Sir John Salmond, these are the sources from which a rule of law derives its force and validity.          2): Material Sources :            The material sources of law are those which gives the matter or content of a principal of law. As the word material suggests, material sources deal with the substance, elements or co...

    IDDAT AND IT’S DIFFERENT PERIODS IDDAT: >>> Arabic>>> Number or counting.   Definition : Iddat is a period (waiting period) which a woman observe after divorce or death of her husband.   Object: Ø To check pregnancy in case of divorce. Ø To mourn in case of death of husband.     Periods of iddat: A) For widow:   There are two situations involving widow. 1.     If she is pregnant her iddah period is until she delivers the child or four months and ten days whichever is longer..   2.     If she is not pregnant her iddah period is four months and ten days. (even if she is below the age of puberty or even if the marriage was not consummated).   B)   For Divorced Women: Two situations arise in case of divorced women: 1)    When the marriage was consummated   (a)           if the ...

                            CONTRACT ACT, 1872                           AGREEMENT AND CONTRACT   AGREEMENT : section 2(e) “Every promise and every set of promises, forming the consideration for each other, is an agreement”.   Explanation : Ø When a person (promisor) offers something to someone else (promisee), and the concerned person accepts the proposal with equivalent consideration, this commitment is known as the agreement. When two or more than two persons agree upon the same thing in the same sense (i.e. Consensus ad idem), this identity of minds is agreement.    Ø Every promise is an agreement, if it forms consideration for both parties.     Ø It may or may not create legal obli...

                         ACCOMPLICE AND APPROVER   RELEVANT PROVISIONS Ø Articles 16, 129(b) of QSO, 1984 Ø Sections 337, 338, 339, 339-A of Cr.P.C, 189 8 .     WHO IS AN ACCOMPLICE ? The Federal Shariat Court, in its judgment titled Haider Hussain vs. Govt. of Pakistan, interprets the word accomplice in the following words: "An accomplice is a co-accused, an associate or partner who has such relation to the criminal act that he [or she] can be jointly charged with the other accused.” Accomplice is an accused person who is directly or indirectly concerned in commission of an offence or its privy. He is also known as guilty associate . An accomplice is a co-accused until he is granted pardon then his position turns to be an approver (Sultani Gawah or Waada Maaf Gawah).           Examples Of Accomplice: ...