Peshawar Islamicus (ISSN: 2305-154X)

1) حدود و قصاص میں ڈی این اے ٹیسٹ کی شرعی حیثیت
Author(s):معراج الاسلام ضیاء/ جنید اکبر

Abstract :

The past decade has seen great advances in a powerful criminal justice tool: deoxyribonucleic acid, or DNA. DNA can be used to identify criminals with incredible accuracy when biological evidence exists. By the same token, DNA can be used to clear suspects and exonerate persons mistakenly accused or convicted of crimes. In all, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system. The following article aims at explaining the legal status of the use of DNA in the Islamic Law for proving cases of Hudud and Qisas penalties and argues that DNA technology does have a significant role to play in the administration of criminal justice; but it must be acknowledged that, while it is an increasingly important tool in criminal investigation, it is not a “magic marker” conclusively identifying guilty persons. Its true contribution must be kept in perspective yet there are still issues to be addressed. The article concludes that forensic evidence (i.e. fingerprints, ballistics, blood samples, DNA etc.) and other circumstantial evidence cannot be accepted in hudud and qisas cases in lieu of witnesses or confession.
2) خواجہ احمدالدین امرتسری کی تفسیر’’بیان للناس‘‘کاتنقیدی مطالعہ
Author(s):محمد ایاز

Abstract :

The proliferation of translations and commentaries of the Qur’an in Urdu is remarkable. However, to understand and explain the different terms and verses of the Qur’an, one has to be referring to various sources of writing a commentary, like the Qur’an itself, Hadith, sayings of the Companions of the Prophet (SAW) and those of the followers of the Companions. More over, a commentator must be having lexical skills and prudence etc. The judious use of all these sources in their respective order is essential; otherwise the real message of the Holy Qur’an will be misunderstood and misinterpreted. It is the individual responsibility of a Commentator to block and eliminate any intervening hand or language in his exegesis. Unlike other commentators, Ahmaduddin from Amritsar, India (1861-1936) in his Urdu commentary of the Qur’an “Bayan al- li‘l-Nas” has used only the dictionary as a base for his commentary and thus has deviated from the established principles of exegesis. In the given article, several such opinions of him have been critically evaluated with argument.
3) حکومتی،ادارتی اورولایتی حقوق کاناجائزاستعمال شریعتِ اسلامیہ کی روشنی میں
Author(s):محی الدین ہاشمی

Abstract :

The Islamic government symbolizes an entire politico-religious system that regulates the lives of men in a Muslim community to the smallest detail. The head of the Islamic state is the one with whom political authority ‘sultah’ is vested and sovereignty is destined for the shari’ah. The role of organizations and individuals, according to an authentic hadith of the Prophet (SAW) is also not different:“All of you are shepherds and each of you is responsible for his flock. A man is the shepherd of the people of his house and he is responsible. A woman is the shepherd of the house of her husband and she is responsible. Each of you is a shepherd and each is responsible for his flock.” Within the framework of human society, the Islamic nation is a compact union having recourse to itself, possessing an inner sense of responsibility for its own members, and resisting decay, both individually and collectively.No one is allowed to abuse the law of God whatever his/her status is, and what ever the circumstances are.The following article, hence represents the perspective of shari’ah on the abuse of power by heads of various state departments, organizations and individuals.
4) (اسباب نزول (قسط اول
Author(s):سراج الاسلام حنیف

Abstract :

The Arabic word sabab (pl. asbab) means reason, cause, occasion and motive. Ma’rifah asbab al-nuzul is the knowledge about the reasons of the revelations, i.e. the knowledge about the particular events and circumstances in history that are related to the revelation of particular passages from the Qur'an. Knowledge about the asbab al-nuzul helps one to understand the circumstances in which a particular revelation occurred, which sheds light on its implications and gives guidance to the explanation (tafsir) and application of the ayah in question for other situations. The extent and scope of usefulness of the occasions of revelation have been a matter of contention among scholars. Some scholars overstressed their importance so much that they gave the impression that every passage of the Qur’an must have an occasion, while others seemed inclined to play down their usefulness and importance altogether. This article analyses the importance and benefits of the science of asbab al- nuzul in accordance with the opinions of the celebrated scholars of the field.
5) افغانستان كے شہرانقلاب ہرات كاعلمى وتارىخى پس منظر
Author(s):محمد عالم

Abstract :

Herat, presently the third largest city of Afghanistan has a long historical background. According to sources, built in about 1500 BC, the region of Herat was historically part of Greater Khurasan and was controlled by the Tahirids followed by the Saffarids, Samanids, Ghaznavids, Ghurids, Ilkhanates, Timurids, and Saffavids until the early-18th century when it became part of the Afghan Hotaki dynasty followed by the Durrani Empire. This city has seen many revolutions and can be resembled second to Delhi, India. The city has produced dozens of Muslim scholars who were masters in various sciences of religion, literature, medicine and other fields. The following article describes in brief, history of the city, talks about its famous scholars and glory of the past.
6) برِّصغیرمیں عقلی تعبیرپسندی پرمبنی مذہبی تفکر
Author(s):محمدطارق غورى

Abstract :

Almost one thousand years Muslim regime at a stretch in the sub-continent cemented strong base of the Islamic identity. This extensively lengthy period was an era of Muslim's great achievements and various specializations in different fields of life. Language, literature Islamic jurisprudence and other aspects of knowledge flourished vibrantly and Muslims of India left their immaculate foot prints in every sphere of life. Consequently the religious literature “al-Adab-ud-Dini” also progressed with its multiplicity and diversity. If the diverse aspects of this literature are studied intensely; the reader amazingly gets across a huge amount of variety of developments. The rational based religious cognition resulted in rationalistic style of interpretation of the Qur’an, traditions of the Prophet, and inference of Islamic jurisprudential verdicts through the same fashion further followed by the reconstruction of the categorical religious injunctions in the sub-continent. This article aims at removing the veil from the facts buried in the dust of the history of the sub-continent with regards to the rational based religious cognition versus the conventional and traditional cognitive religious way of thinking.
7) شاذکااطلاقی مفہوم اورقراءات شاذہ سےفقہاءکےاصول استنباط
Author(s):تاج افسر

Abstract :

The literal meanings of shadh “isolated/irregular”, frequently used in Arabic, are the same in every position but as terminology its connotations vary as per the contexts of the science that uses it. Sometimes it has caused confused debates because of non-consideration of the contextuality. Resultantly, Lexicologists' shadh has been confused with mu╒addithun's shadh. Likewise, the application of shadh in Qira'at has been mixed up with the sense the mu╒addithun use it. It led to the disappearance of boundaries between the science of Qira'at and that of ╓adith. The mixing up of the term started creating ambiguity. This paper explains the use of the term shadh by lexicologists, mu╒addithun, qurra’ and fuqaha’. It also elaborates the principles derived by the fuqaha’ from Qira’at al-Shadhdhah. There are no differences on the authority of Qira’at al-Shadhdhah. However, the ways of deriving principles from these Qira’at are varied. They are multifaceted. A faction of fuqaha’ viewed it from one angle while the others derived principles from another. This paper describes these differences. It makes an attempt to demonstrate that the differences of fuqaha’ do not indicate any contradictions in principles but they show the variety of outlooks. The universality of Islam gives a lot of scope for these variations.
8) اهتمام الاسلام بالمرأة والرد على بعض شبهات حول حقوقها فيه
Author(s):عبدالرحمن شيرزاد

Abstract :

The issue of women in Islam, now days, is specially focused and debated in such a way as if it is something highly controversial and that if Islam has deprived her of all human rights. Those having secular tendencies, particularly from the West, play a much vigorous role in this regard and often repeat the old stereotypes and also create new doubts about her status in Islam. The general perception in the West is that Muslim women are subjugated and almost seen as property. While not all Muslims deal with women as inferior, this is unfortunately true in some segments of the Muslim world and this treatment is supposedly justified by the religion. However, when we look at the basis of the religion, the Quran and Sunnah, we see a very different picture. This article is intended to clarify some of those doubts created by antagonists regarding the status of woman in Islam.
9) الصـــور الحــربية والفنون الجمالية في أرجوزة العجـــــاج الرائية
Author(s):محمدظاہرشاه

Abstract :

Rajaz is a folk meter (with six verses of metre with beats to a line) ensued from human’s psychological and social setup. Poets in Pre-Islamic epoch used to compose rajaz at particular events occurred in their day to day life. After the rise of Islam it turned into a full fledge poem with respect to length and poets intentions. Soon after the Umayyad mounted the throne, a class known as rujjaz merged who inserted the entire intentions of poem to rajaz.One of them is Al-‘Ajjaj bin Ru’bah who praises ‘Umar ibn ‘Ubaydull┐h ibn Ma’mar Al-Tam┘mi in his famous urjuzah al-ra’iyyah, and depicts the combat between ‘Umar bin ‘Ubaydullah and Abu Fudayk Al-Khariji. Hence this article paraphrases the derivation of warfare picturesque and fine arts, from the urjuzah al-ra’iyyah.
10) العرف المسكوت عنه في الفقه الإسلامي
Author(s):فخرالدين سيدمحمدقانت

Abstract :

We do many things according to the practice of our society. If this practice or custom is not against the Islamic values stated in the Holy Qur’an or hadith it will not be prohibited. This phenomenon is called al-urf “Custom” in Islamic jurisprudence. The following article is about one of the kinds of al-‘urf. First of all the ‘urf has been defined, both lexically and conventionally. Then its types are elaborated and explained with focusing on its one type known as: al-‘urf al-maskut ‘anhu “the implicit or undeclared custom”. Finally the evidence of this kind of ‘urf has been provided from the Holy Qur’an and Sunnah and its different conditions have been explained.
11) الإيجاز والإطناب وروائعهما البلاغية في سورة البقرة
Author(s):محمداسلام/محمدسليم

Abstract :

Arabic rhetorical sciences consist of ‘Ilm al-Ma’ani “the study of meanings”, ‘Ilm al-Bayan “the study of elucidation” and ‘Ilm al-Badi’ “the study of the wondrous”. This article describes two important phenomenon of ‘Ilm al-Ma’ani known as al-Ijaz (concision of a sentence) and al-Itnab (prolixity of a sentence) in chapter-2 of the Qur’an. Both these phenomenon are effective rhetorical devices used in literature to eloquently convey the intended meaning. Especially in the case of Divine revelation and the Qur’anic verses, which are precise and full of meaning, it is important to ponder more carefully about these two, in order to uncover even more of the fascinating secrets and beauties contained in God’s words and to enable man to imbibe from the limitless oceans of God’s knowledge to the extent of his own capacity.
12) العين والقلب في شعر أصحاب المعلقات وعشاق العرب
Author(s):بی بی حامده سيد/مرسل فرمان

Abstract :

The article begins with a brief introduction to verbal and literary meanings of the two words “eye” and “heart”. It studies various nuances of these two words in the poetry of Mu’allaqat and famous Arab Lovers. The Mu‘allaqat is the title of a group of seven long Arabic poems or qasida that have come down from the time before Islam. Each is considered the best work of these pre-Islamic poets. The name means “The Suspended Odes” or “The Hanging Poems”, the traditional explanation being that these poems were hung on or in the Ka'ba at Makka. The article also provides several shades of these two words used by famous Arab lovers in their love/romantic poetry, where they have admired and adored Eye and Heart in numerous beautiful styles.
13) Wilayat al Mazalim: Application of Siyasah Shar’iyyah
Author(s):Ziaullah Rahmani

Abstract :

Achieving justice is the main target of Islamic legal system. Hence Islam does not only depend upon the traditional judicial system for the administration of justice rather it has evolved certain unconventional ways for achieving this very important objective. Wilayat al Mazalim is one of the ways to attain the goal of administration of justice in a non-traditional way. The present article is an effort to explain the concept, meaning, methodology of this department and to highlight the qualifications and jurisdiction of its custodian, and to distinguish it from other similar departments. Towards the end the legal status of the task of Wilayat al Mazalim has been elaborated.

Volume No. 1

Issue No. 1

Jan-June 2010