Al-Idah (ISSN:2075-0307)

1) جدید قانونی تصورات پر مذہب اور اخلاق کا اثر مغربی اور اسلامی تناظر میں ایک تقابلی و تنقیدی جائزہ
Author(s):ڈاکٹر حافظ حبیب الرحمن اسسٹنٹ پروفیسر /چیئر مین شعبہ تربیت شریعہ اکیڈمی، بین الاقوامی اسلامی یونیورسٹی (فیصل

Abstract :

Authority is the centerpiece of the law as well as legal system.It cannot be properly understood without adequate understanding of the structure of authority that underlies it. The role of moral and religious values in the law has been a vital issue in classical as well as contemporary legal philosophy. Discussion about the theoretical foundation of the law remains a key issue in the modern legal thinking as a legal system is considerd to emerge from cultural contexts. Western legal systems are broadly grounded in to the the Judeo-Christian and Greco-Roman. Though a fundamental change took place in the Western Europe cultural traditions which affected the very nature of law both as a political institution and as an intellectual concept. The creation of modern legal systems was, in the first instance, a response to revolutionary change within the church and its relation with the secular authority. It led to bifurcation of social morality and religion in the modern law. Now most of the modern theories are based on this concept. The present paper presents a study of the origins of the Islamic law as well as the contemporary western legal thought in connection with religion and ethics. The conflict about moral and religious values reflects their code of life and concept of religions. In Islamic law authority-which is at once religious and moral is the will of the creater which is basic source of Islamic law, however, Fuqaha differentiated between legal and moral values.
2) معاشرتی امن وامان میں پختون روایتی مصالحت اورتحکیم کاکردار:ایک تحقیقی مطالعہ
Author(s):Dr Javid khan Lecturer in Islamic Studies, University of Swat.

Abstract :

Abstract To maintain and enhance social peace and mutual interaction among people it is mandatory to resolve their mutual conflicts. The eradication of mutual conflicts and working for reconciliation is obligatory on the Muslims. Al-mighty Allah has declared reconciliation and resolution of conflicts among all the Muslims as legitimate action. There are numerous verses of the Holy Quran and Hadith of the Prophet where Muslims have been ordered for reconciliation aimed at enhancing brotherhood and peace in society. The main rationale behind this is to bring harmony and peace in the social order of life. What are the pre-requisites of reconciliation from sharia’s perspective, in which conflict reconciliation is permissible and in which one it is not allowed. This study emphasizes to answer the above mentioned question. Furthermore, efforts have been made to provide a sharia’s foundation for those who are involved in the process of reconciliation in the form of Tahkeem. This will not only encourage them, but will help in the maintenance of peace in the society. Similarly, a comparison will also be made between the merits and demerits of Pakhtun’s traditional reconciliation process, and important suggestions will be made to make the Pakhtun’s traditional reconciliation process more productive and valuable.

Volume No. 35

Issue No. 2