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.
3) انسانی دودھ کی خرید وفروخت اور رضاعت کے مسائل
Author(s):خیر محمد آصف میمن

Abstract :

This paper discusses the Islamic jurisprudence as well as the scientific stance regarding breast feeding. Breast feeding is a natural gift for a new born baby, which not only nourishes the infant but also provides great immunity to him. The new scientific research has clarified its importance by calling it the most essential element giving natural immunity that keeps a child healthy and free of diseases. Many developed countries have started “Human Milk Banks” as we have blood banks here. The Human Milk banks provide milk which is like natural food to deprived infants. By taking the milk from “Milk Banks” it creates serious moral and religious problems in the context of motherhood and family relations. This can even cause problems like declaring “Hurmat-e-Nikᾱḥ”. In this paper such issues are elaborated in the light of Qur’an, Sunnah and Islamic jurisprudence.
4) مسائل میراث حل کرنے کے قدیم اور جدید حسابی طریقوں کا تقابلی جائزہ
Author(s):ڈاکٹرسہیل انور ڈاکٹر محمد ایاز

Abstract :

Inheritance is a key issue in the Islamic Knowledge base. Its importance has been clarified in Qur’an and Sunnah. The Holy Prophet Muhammad (ﷺ) has referred to it as half of the knowledge and has ordered of seeking inheritance and warned that this will be eliminated first from my Ummah, and also notified that this is volatile nature of knowledge which get lost after memorization if not fully cared and practiced. In the light of above mentioned Hadīths it is worth consideration to make knowledge of Inheritance practicable in everyday life. A reason could be that the arithmetic means used for the solution of Inheritance problems is complicated and time consuming. There it is important to introduce such easy and short arithmetic rules for the solution of Inheritance problem that are easily understandable by both the scholars as well as the common man. This will result in making Inheritance easy to handle and hence will become practicable. In a hadith it is stated that near the day of judgement there will be a conflict between two persons in an Inheritance issue and they will not find a scholar to resolve their problem. In this Article an Introduction and comparison of old and new easy arithmetic principles are made in scholarly manner to introduce new easy methods and draw the attention of the people to such a valuable knowledge and relieve the Phobia of the people regarding it.
5) عرب عہدِ جاہلیت میں ’’طلاق‘‘ کا تصور ۔۔۔ تحقیقی جائزہ
Author(s):اورنگزیب

Abstract :

Conjugal life is an important aspect of human society, on which a prosperous life depends. Almost every Culture, civilization and religion Legislate for family life. There is a part of these laws to end the marital relationship which is denoted by "DIVORCE". Divorce is mentioned in detail in Islamic Sharia, in order to understand them truly one has to genuinely consider and understand the concept of divorce in Pre-Islamic period of ignorance. There were several specific terms for divorce that were used in the Arab culture for example Talᾱq, Īela and Khula etc. but generally decent people use the word "طلاق"(Talᾱq) to end the marital relationship. There were some common causes and reasons for divorce in Arabs before Islam for example lack of mental harmony, infertility, bigotry, family feud and apostasy etc. The divorced women become more and more vulnerable socially and economically in ancient Arab and consequently their children less attention, love and affection of their mothers turning them into rebellious, nonconformist and ruthless individuals crossing all limits of oppression and we often see examples of such incidents in Arabs before dawn of Islam. These cruel customs and practices were uprooted through teachings of Islam which is based on justice, equality and basic human rights.
6) مروجہ جاگیردارانہ نظام کاتاریخی ارتقاء اور اسلامی تعلیمات کی روشنی میں تقابلی جائزہ
Author(s):ڈاکٹر مفتی عبدالرزاق ڈاکٹر محمد عاطف آفتاب

Abstract :

Islamic theory of possession is explicit .It is different from the contemporary feudal system. Islam does not believe in any tribe, nation and ancestry. Islam negates the concept of lordship and slavery. The history of Islam tells us that Muhammad (PBUH) awarded the property to the companion but it was a special gift and his purpose was not to rule. The purpose of feudal system is to land a certain class for political purpose. The Islamic concept of possession is different from feudal system. It is not correct to say that Islam allows the contemporary feudal system

Volume No. 35

Issue No. 1

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