{"title":"Evolution of Jurisprudential Principles and the Doctrinal Differences in Historical Perspective","authors":"Humaira Jahangir, Shahzadi Pakeeza","doi":"10.36476/jirs.6:1.06.2021.13","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.13","url":null,"abstract":"The prime objective of Islamic jurisprudence is unity of Muslim ummah as it offers cogent evidence of Islamic Sharīʿah. The existence of differences of opinion as recognized branch of Islamic jurisprudence is natural indication of healthy climate of openness and tolerance, among ulēmā of Islam. The adoption of variant methodologies resulted in emergence of Ahl al-Ḥadīth and Ahl al-Ra’i. This study discusses that with advancement in Islamic jurisprudence, different religious sects and political factions appeared in the history of Islam. The study is qualitative in nature, with descriptive and analytical approach. It is also mentioned that due to variant knowledge, the aspects of politics, faith and jurisprudence became the leading cause of doctrinal differences. Rapprochement of madhāhib and the role of jurisprudential principles has been the focus of jurists and scholars since the formative period of Islam. The study also focuses on the differences of opinions during the prophetic era, the era of companions and in the later spans of time which has contributed for the jurists to lay down the jurisprudential principles. The role of politics, religion and jurisprudential areas in enhancing and limiting the doctrinal differences is discussed in detail. The research finding showed that even though a number of madhāhib emerged on the basis of doctrinal differences yet there are certain points of convergence in these madhāhib.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48903410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"’کلالہ‘ کی تعریف اور احکام: عصرِ حاضر کی بعض جدید آراء کا تحقیقی مطالعہ","authors":"Hamid Ali, Aijaz Bashir","doi":"10.36476/jirs.6:1.06.2021.07","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.07","url":null,"abstract":"The importance of Islamic Law of inheritance, also known as “’Ilm al Farā‘id”, can be measured by the aḥādīth in which the Prophet, (PBUH) commanded to learn it along with the Holy Qur’ān, as he described it “half of the knowledge”. One of the types of heirs mentioned in the Holy Qur’an is “Kalālah”, and this word has been mentioned twice in the Holy Qur’ān. What is the meaning of kalālah, who are they and what are the rules of their inheritance, etc., such questions have become the subject of debate in modern times, and various opinions have appeared in this regard. Among these views is the opinion of Javed Ahmed Al-Ghamdi, who presented his opinion by decorating it with some specific comments from Tafāsir that he calls “the primary sources of Tafsīr.” This article analyzes the opinion of Javed Ahmed Al-Ghamdi and its impact on the assets of inheritance. The result of this discussion was that the meaning of “kalālah” is nothing but stepsister and stepbrother, and also the opinion of Al-Ghamdi was stated as an abandoned word in primary sources of Tafsīr. By accepting this view, the distribution of shares would not be possible according to the Qur’ānic command.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44993340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"حق ایجاد :شریعہ وقانون کے تناظر میں تقابلی مطالعہ","authors":"Hafiz Nasir Ali","doi":"10.36476/jirs.6:1.06.2021.08","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.08","url":null,"abstract":"The world has taken the shape of globalization due to the rapid development in modern times. Thanks to the proliferation of inventions, modern methods of trade have become the norm, which has given rise to an endless series of modern jurisprudential issues concerning trade and affairs. Many types of personal rights have become prevalent in modern times that have no real sensory existence, but their transactions through buying and selling in the market are common, such as turbans of houses and shops, specific trademarks, use of commercial licenses, rights Authorship and publication, sale of atmosphere, etc. One of these rights is \"patent right\". What is the Islamic and legal concept about this? Is it permissible to buy or sell it? This article attempts to draw a comparison between the Islamic perspective on patent rights and its legal issues. The study concludes that buying and selling patent rights is permissible according to the laws and fatwās of most of the jurists. Moreover, according to Islamic teachings, it is forbidden to invent and use devices that cause problems and suffering to human life.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41882110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"أثر مقاصد الشريعة في المنظومة الفقهية للعلاقات مع غير المسلمين: دراسة استقرائية تحليلية","authors":"Syed Noorul Huda Hashmi","doi":"10.36476/jirs.6:1.06.2021.04","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.04","url":null,"abstract":"Jurisprudence rulings have been influenced, in whole or in part, by maqāṣid al-Sharī’ah. The research revealing its impact on the jurisprudence of jurists in the provisions of international relations opens the researcher a wide window through which he looks at the extent of the influence of international Islamic jurisprudence. This research aims at the extent to which Islamic legislative thought has benefited from maqāṣid al-Sharī’ah in international jurisprudence in general and in cases whose provisions change according to the requirements of conditions, and to what extent contemporary ijtihad has benefited from the efforts of the ancients in this field. The article was preceded by several studies. This research reviews the branches of jurisprudence related to the five major maqāṣid analytically, as it presents the intended material in which the jurists justified the international rulings, indicating the aspect of deliberate ijtihad in them. The research concluded that the Islamic state is an intellectual state closely related to divine justice, and the true ruler in it is God Almighty, and the ruler represents the nation in the application of Islamic law. The state is to preserve the five universal principles known as necessities, and the Sharia has preserved these principles in the chapter on the relationship of Muslims with others through their realization, creation and preservation. The preservation of these basic rights of individuals under Islamic rule is clear evidence of its just human social order.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69623169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"سیرت نگاری کے ارتقائی مراحل بحیثیت مغازی نویسی: تاریخی و تحقیقی مطالعہ","authors":"H. Sani, Abida Shams","doi":"10.36476/jirs.6:1.06.2021.12","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.12","url":null,"abstract":"The essence of Khātam al Nabiyyīn is both, a source of growth and guidance for the believers and a center of love and affection. The religious, cultural, political, economic, social system and code of conduct of the Muslims is based on Sirah. An important part of the Prophet's life consists of expeditions involving many economic, political and defense issues. In this article, a glimpse of the writings of Al Maghāzī is being presented with a historical overview. The article presents an analysis of the history of Maghāzī, describing its importance, besides giving writings, services of historians and biography of Sīrah writers of every period of Islamic History, particularly in the early centuries, in academic, historical, and research-based style making prominent. The paper provides a list of books and their authors date-wise and concludes that the compiling the books of Maghāzī started in the time of the Ṣahābah, however, most of the books and manuscripts of the early period were not preserved.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45066325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"التدليسُ\" أقسامُه وفروعُها: دراسةٌ تأصيليةٌ تطبيقيةٌ","authors":"S. Ghouri","doi":"10.36476/JIRS.6:1.06.2021.01","DOIUrl":"https://doi.org/10.36476/JIRS.6:1.06.2021.01","url":null,"abstract":"‘Ulūm al Ḥadīth (i.e., sciences of Ḥadīth) are considered one of the noblest Islamic sciences because they give the learner aware about the principles necessary for accepting or rejecting Ḥadīth based on the status of sanad (line of narrators) and matn (narrated text). Through these sciences, Ṣaḥīḥ and Ḍa’īf of Sunnah can be known. One of the important topics of these sciences (through which a judgment can be made whether sanad is muttasil (i.e., thoroughly connected) or mursal, and then knowing that Ḥadīth is Ṣaḥīh or Ḍa’īf is called Tadlīs which refers, as per the nomenclature of Ḥadīth scholars, on narrator’s hiding a defect in sanad and improve its apparent view. Hence, this type is considered one of the most delicate and important types of Ḥadīth sciences because it contains cover-up, ambiguousness, illusion and disguise. Whoever wrote, in the past or present, about scholars of Ḥadīth had discussed about tadlīs and its types. However, discussion in their books was concise and very short so the readers do not get a comprehensive and clear picture of the same. Further, their discussion did not introduce all types and branches of tadlīs with illustrative examples. This research presents a brief study on tadlīs highlighting its main aspects, introducing its main types and branches with illustrative examples to each of them and giving the judgement for each of them. The researcher applied inductive and analytical research approaches in the study. Inductive approach was aimed to collect information about tadlīs and its types from the classical and modern resources of Ḥadīth sciences. Analytical approach was applied in analyzing views of some scholars in this type, sections and branches.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48041266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ماحولیاتی آلودگی اور سیرت النبیﷺ کی تعلیمات کی روشنی میں ہماری ذمے داریاں","authors":"Muhammad Farooq Abdullah","doi":"10.36476/jirs.6:1.06.2021.06","DOIUrl":"https://doi.org/10.36476/jirs.6:1.06.2021.06","url":null,"abstract":"The creation of the universe and maintaining it on a certain balance is called the nature of Allah Almighty. Allah has made the human being the trustee of this natural environment and has guided humanity in the basic principles of natural needs and purposes. Unnecessary interference in natural resources causes environmental pollution, which has created countless problems today. The paper intends to provide the solution of the causes of this catastrophe and it's remedied in the light of the teachings of the Holy Prophet. The Holy Prophet (PBUH) has laid down several principles for the survival of humanity and the fulfillment of its natural needs. It is an inescapable fact that the Prophet (PUBH) drew attention to environmental protection and preservation of the environment at a time when man did not realize its importance, and it is also a fact that if humanity today follows the teachings of the Holy Prophet, environmental protection and prevention of pollution can be ensured. The study concludes that if one lives in the light of the principles and rules laid down by the Holy Prophet, the good life in this world can be achieved along with the eternal success of the hereafter. The research recommends the government, scholars and media to run a campaign for awareness about the environmental problems in their domains.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48472468","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"سوشل میڈیا پر ہتک انسانی کا بڑھتا ہوا رجحان :اسباب اور تدارک اسلامی تعلیمات کے تناطر میں","authors":"Shahid Amin, Gulzar Ali","doi":"10.36476/JIRS.6:1.06.2021.09","DOIUrl":"https://doi.org/10.36476/JIRS.6:1.06.2021.09","url":null,"abstract":"The tremendous development of science and technology brought sea changes, due to which the world have become a Global Village. In modern times, the media, both print and electronic, especially social media like Facebook, WhatsApp, twitter, messenger, has become an important part of life. Communication globally with ease, while sitting in their homes, is possible due to social media. Most people use it positively, but the negative aspect of it is ever growing trend of slanderous and beastliest behaviors. The insult of common people as well as religious personalities are in swept now a days and is considered as freedom of expression. The paper aims to search for the causes of slanderous behaviors on social media and its solution in the light of Islamic teaching. Descriptive research methodology is adopted in this paper. The paper concludes that defaming and needlessly criticizing public figures on social media is an affront to humanity, and the practice of blackmailing men and women by posting nude photos is on the rise and is contemptuous. Presenting false news and information based on political and religious affiliations undermines the spirit of patience and tolerance in society.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46666264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legislation on Halal Food in Pakistan: An Analytical Study","authors":"Mudasra Sabreen","doi":"10.36476/JIRS.6:1.06.2021.14","DOIUrl":"https://doi.org/10.36476/JIRS.6:1.06.2021.14","url":null,"abstract":"The term ‘ḥalāl ’ signifies ‘permissible’ for Muslims. Islamic laws regarding the determination of ḥalāl and harām food have been clear but after the introduction of modern techniques of food deciding of food as ḥalāl or harām has become a major concern for Muslim populations as well as Muslim states. Muslim states have introduced laws to ensure ḥalāl character of foods and Pakistan is no exception. In Pakistan, there are several laws related to this issue. The West Pakistan Pure Food Ordinance was enacted in 1960 which regulated the preparation and sale of foods. The Breastfeeding Ordinance 2002 was introduced to regulate baby food manufacture. Then there are laws like Pakistan Status of Food Laws and Regulations 2015, the Halal Food Authority Act 2015, and Pakistan Hotel and Restaurants Act 1976. With time, the need was felt to establish bodies which can verify food ingredients as well as manufacture procedure and can issue certificates. There is a need to thoroughly analyze these laws as well as the procedure of ḥalāl certification to find out the strengths and flaws/lacunas of the system if any. This article will present an analytical study of laws related to ḥalāl food in Pakistan and will propose suggestions to improve the effectiveness of these laws.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41510675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"منهج الجدل عند الشيخ أحمد ديدات في مؤلفاته","authors":"Sajjad Ahmed, Naqeeb ullah","doi":"10.36476/JIRS.6:1.06.2021.02","DOIUrl":"https://doi.org/10.36476/JIRS.6:1.06.2021.02","url":null,"abstract":"Sheikh Aḥmad Dīdāt, the awardee of King Faisal award in 1986, was a enthusiastic, self-educated Muslim preacher from South Africa, most prominent for engaging Christian missionaries in open debates. Although he was famous for his sharp and impassioned debating style, he also published more than 20 books and wrote numerous articles and pamphlets, many of them were translated into different languages. He settled a specific discourse on the nature of relations between Muslims and followers of other religions through dialogues, public debates and written literature. This research aims to identify Dīdāt’s approaches in his literature, the impact of his methodolgy on Islamic-Christian dialogue, the methods used by him in this regard and the guidelines from his approches to improve Islamic-Christian dialogue in future. The study concludes that dialogue is one of the basic means to achieve peace and peaceful coexistence in the modern era. Moreover, Dīdāt adheres to the original and authentic sources of the Christians, and promotes the calm dialogue based on the principles of sober scientific research, in order to achieve security and peaceful coexistence. The researchers recommend establishment of an active international Islamic body for dialogue, far from political influences and directives, to prepare scientific and intellectual cadres of Muslim interlocutors at all levels.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45246110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}