Peshawar Islamicus ISSN(Print): 2305-154X, ISSN(Online):2521-8409

1) جنگی اخلاقیات سیرت نبوی اور فقہ اسلامی کی روشنی میں
Author(s):محمد مشتاق احمد

Abstract :

Islam does not envisage compartmentalizing law and ethics. Rather, from the Islamic perspective, legal norms and ethical codes go hand in hand. According to Islamic law and ethics, war is a necessary evil which can be justified only for the purpose of combating a greater evil. For converting this necessary evil into act worship, the Prophet (peace be on him) not only gave detailed instructions but also provided practical examples of implementing these instructions in actual conduct. These include, inter alia, confining attacks to those who directly participate in war, prohibiting inhuman and degrading treatment of the adversaries, emphasizing observance of treaty obligations and enforcing strict discipline in the armed forces along with establishing the principle of individual responsibility for implementing these norms. The Muslim jurists built a detailed legal edifice on the basis of thesenorms. This paper elaborates some of the key features of the Islamic war ethics, particularly the prohibition of perfidious acts during war, as exemplified in the Prophetic conduct and elaborated by the Muslim jurists in the manuals of Islamic law
2) "سودزناسے بڑاگناہ ہے" والی روایات کا علمی تجزیہ
Author(s):سراج الاسلام حنىف

Abstract :

Rib┐ is absolutely prohibited and unquestionably forbidden by the Qur’┐n and authentic sayings of the Prophet (PBUH). The philosophy behind the ban of usury is providing roots for a prosperious society and avoiding exploitation of poor at the hands of rich. This article critically investigates the authenticity level of riw┐y┐t declaring rib┐ worst than adultery and suggests that the attribution of these reports to the Prophet of Islam cannot be proved. Although rib┐ is a major sin and all transactions based on it are verboten but the wording of reports mentioned in the present article cannot be verified
3) ضابطہ آغاز جرم سے متعلق اسلام اور مغرب کے قانونی تعبیرات کا جائزہ
Author(s):مشتاق احمد /محمد عالم

Abstract :

Attempt to commit an offence is termed liable to Ta’z┘r (discretionary penalty) both in Islamic and Western Penal Codes and Procedures. However to some extent, Islamic Law has different viewpoints about the intention and act which lead to constitute an offence or an attempt towards its commission. In many cases, contrary to Attempt, Islamic law formulates its own terminology of jurm e k┐mil (complete offence) and of jurm e ghair k┐mil (incomplete offence) with deep interpretations and post effects thereto. This article elaborates the observations, interpretations and applied precedents and examples made by the early Muslim and Western jurists regarding the rule of attempt to commit an offence and other terms and matters relating to the subject
4) سوَرہ (ونی) کی شرعی حیثیت کا تحقیقی جائزہ
Author(s):ابظاہرخان/محمدعادل

Abstract :

Swarah (vani) is a child or unmarried adolescence girl whose hand is forcibly given in merriage by her father, brother or other male relative to a member of opposite clan for attaining peace in lieu of murder or adultery committed by anyone or all of them. This custom is in practice in Pashtun areas since the last 400 years. Being a grave social evil, the practice of swarah is totally in contrary to Islamic teachings and norms of justice. The present article refutes this tradition, which unfortunately still exists in some isolated parts of Khyber Pakhtunkhwa and Afghanistan with soild argument based on the Qur’┐n and Sunnah, i.e. the Shar┘’ah law
5) عمر فا رو ق ؓ روایات حدیث و تاریخ کی روشنی میں
Author(s):عبدالرؤف ظفر/میمونہ تبسم

Abstract :

Born thirteen years after the year of the Elephant at Makka in the house of Kha══┐b, ‘Umar F┐r┴q (RA) secures a prominent place among those rulers of the world who earned great fame and dignity. His ancestral link meets with the Prophet’s lineage at Ka’b bin Lu’ay. His daughter ╓af╖a (RA) got the sublime status of ‘Umm al-Mu’min┘n. After embracing Islam he served the new religion with utmost sincerety, strength and vigor. His services for the implementation of Islamic laws and justice can never be forgotten. This article presents some glimpses of his biography and services based on reports from ╒ad┘th and history
6) ماحولیاتی آلودگی اور اسلامی تعلیمات
Author(s):عبدالرّحىم/عطاء الرحمٰن

Abstract :

The human and animal life in the present era is threatened by the enormously dangerous effects of environmental pollution. Many species are becoming extinct and the threat of pollution is multiplying day by day. Much has been written about the ecosystem and its conservation. The present paper deliberates Islamic teachings on the subject
7) أسباب اختلاف الأمة الإسلامية ووحدتها
Author(s):معراج الاسلام ضياء/اسرار الحى منيب

Abstract :

Difference of opinion is not something new but is an integral part of human nature. The Qur’┐n is replete with verses describing variances among humanity and declares that this phenomenon will continue till the end. The Prophet (PBUH) taught Muslims how to live with valid religious differences, respecting each other. The early scholars when refuting another would not take the way of insult but intellectual criticism as has been established by Islamic logic and thought. This article is intended to provide definition and types of ikhtil┐f, the causes of disputes and disagreements among Muslims and suggests some remedies of the problem
8) الزهد في شعر محمود سامي البارودي
Author(s):محمد ظاهر شاه

Abstract :

Unlike other world religions, Islam does not believe in negative forms of religious asceticism such as celibacy, monasticism and other types of harmful restrictive injunctions. Rather it calls for al-zuhd, which stands for satisfying with less and abandoning a part of the permissible for fear of getting into the impermissible. Arabic poetry throughout the ages is replete with the theme of renunciation of the world and self-denial. Some poets exclusively focused on the subject and earned great fame. Ma╒m┴d S┐mi al-B┐r┴di, an Egyptian poet occupies a prominent position in such poets. The present paper discusses his poetry in this regard together with other literary features of his work
9) Sources of Normative Islamic Law
Author(s):Shahzadi Pakeeza/Ali Asghar Chishti

Abstract :

Islamic law is derived from revelation, either in the form of the Qur’┐n or the Sunnah. Despite differences in details of interpretations, Qur’┐n and Sunnah are the primary sources of Islamic Law. Other sources of normative Islamic law include sources of normative judgments, such as customs, ma╖laha, as well as other judicial procedures like reasoning by analogy, consensus and ijtih┐d. A legal system is subject to serious questions posed by social change and customs. These newly emerging issues should be examined in the light of Shar┘‘ah along with its consequences in the conditions of its time and people. If it cannot be generalized, specific opinion should be given, as that would be more in conformity with the welfare of people, legal as well as rational. The determination of normative sources of Islamic law gives an understanding about the dynamism, practicability and adaptability in new circumstances, thus showing the flexible and pragmatic nature of Islamic law. With the increases in magnitude of social change, the jurists searched for principles within Islamic legal system that could bridge the gap between changing conditions and Divine laws without affecting the essence of Divine rulings. Islamic legal system use this interpretive strategy in order to extend the law to new situations that are not explicitly covered in Divine rulings, thus adapting the laws to changed circumstances

Volume No. 4

Issue No. 2

July-Dec, 2013