scholarly journals Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan

2021 ◽  
Vol 3 (1) ◽  
pp. 51-90
Author(s):  
Shahzeb Shahid
Keyword(s):  
Special Reference ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Marital Rape ◽  
Single Dimension ◽  
Wide Range ◽  
Islamic Jurisprudence ◽  
Holy Quran ◽  
The Holy Quran ◽  
Shed Light

This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah?   This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.

scholarly journals Inheritance, Sheikh Abdullah Hadid (May Allah Have Mercy on Him) and his Role in Building Society

2020 ◽  
Author(s):  
Moahmmed Hamzah Abbas Alisawi
Keyword(s):  
Islamic Law ◽  
Community Building ◽  
Building Society ◽  
The Third ◽  
Types Of Knowledge ◽  
Personal Experiences ◽  
Islamic Jurisprudence ◽  
Holy Quran ◽  
The Holy Quran ◽  
The City

The Islamic Ummah introduces many scholars to various kinds and types of knowledge, especially in Islamic jurisprudence. Consistent with my desire to facilitate this, and revive the memory of those scolars who served the city of Fallujah and the dissemination of the teachings of Islamic law in general and Islamic jurisprudence in particular, this article focuses on one of the prominent figures of this city, Sheikh Abdullah Hadid. This article discusses his life, his biography, and his impact and great virtue on students of the Alsifiyah school, where he taught the Holy Quran before joining Alasfia. He was the first agent of the Court of Fallujah in matters of inheritance, allowing his reputation to spread among people in Anbar and nearby provinces. This research is grounded on sa series of interviews with his former students a range of other sources and references. In addition, I draw on my personal experiences of his teaching (when he taught me the method of Altzbir and spelling of the Holy Quran), and the years I accompanied him before his illness and death nces. The introduction focuses on the importance of the topic and the reasons for choosing it. The first segment considers his name, lineage, birth, and death. The second segment explores his method of teaching the the Holy Quran and inheritance. The third segment focuses on his religious and reformist role in society. The conclusion summarises my findings with regards to his impact on the construction of communities. Keywords: Sheikh, community building, scientist, Abdullah Hadid, my assumption.

scholarly journals The Study of The Validity of The Surface Structure of Holy Quran

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Esmaeil Rezaei
Keyword(s):  
Data Collection ◽  
Surface Structure ◽  
Islamic Law ◽  
Current Paper ◽  
Data Collection Tool ◽  
Human Reason ◽  
Human Happiness ◽  
The World ◽  
Holy Quran ◽  
The Holy Quran

The validity of the surface structure of the Holy Qur'an is one of the most important Qur'anic debates, which also affects the issues of Islamic law. The meaning of surface structure of the Qur'an is that the surface structure of the Qur'an is understandable to every reader and listener, as well as any human text, and that which man understands the surface structure of the Qur'an by means of verbal and illogical indications. The current paper examines the validity of the surface structure of the Holy Quran, following expanding the conceptual subject of the research.  Given the thematic documents presented, this is a descriptive-analytical paper with library sources data collection tool. The findings indicate that: The most important reason for believing in the validity of the Holy Qur'an surface structure is that this holy scripture includes the plan of human happiness in the world and the Hereafter. Therefore, if the surface structure of the Holy Quran is not justified, how one can use its surface structure to answer difficult questions that limited human reason is incapable of answering. In addition, the Holy Qur'an, although revelation and has been revealed by God, but because it is revealed in the form of words, it is governed by the principles and rules governing all languages, among which are the validity of their surface structure for those familiar with the language. Keabsahan struktur permukaan Al-Qur'an adalah salah satu perdebatan Al-Qur'an yang paling penting karena  mempengaruhi masalah hukum Islam. Makna struktur permukaan Al-Qur'an adalah bahwa struktur permukaan Al-Qur'an dapat dipahami oleh setiap pembaca dan pendengar, serta teks manusia mana pun, dan apa yang dipahami manusia oleh struktur permukaan Al-Qur'an dengan cara indikasi verbal dan tidak logis. Penelitian ini  meneliti validitas struktur permukaan Al-Qur'an, dengan memperluas subjek konseptual penelitian. Mengingat dokumen tematik yang disajikan, pendekatan deskriptif-analitis dengan alat pengumpulan data sumber perpustakaan. Temuan menunjukkan bahwa: alasan paling penting untuk percaya pada validitas struktur permukaan Al-Qur'an adalah bahwa kitab suci ini mencakup rencana kebahagiaan manusia di dunia dan akhirat. Karena itu, jika struktur permukaan Al-Qur'an tidak benar, bagaimana seseorang dapat menggunakan struktur permukaannya untuk menjawab pertanyaan-pertanyaan sulit yang membatasi akal manusia. Selain itu, Alquran, meskipun wahyu dari Allah,  tetapi karena diturunkan dalam bentuk kata-kata, diatur oleh prinsip dan aturan yang mengatur semua bahasa, di antaranya adalah validitas struktur permukaan untuk mereka yang terbiasa dengan bahasa.

scholarly journals Punctuation Marks and Signs of Cessation in Qur`an: a comparative study

2020 ◽  
Vol 2 (1) ◽  
pp. 49-59
Author(s):  
Abdur-Rasheed Mahmoud-Mukadam
Keyword(s):  
Comparative Study ◽  
Usual Treatment ◽  
Holy Quran ◽  
The Status ◽  
The Holy Quran ◽  
The Subject ◽  
Contemporary Writers ◽  
The Relationship ◽  
Shed Light

The subject of punctuation in Arabic writing may be one of the topics in which there was a great deal of writing. However, the close look at this paper reveals that there are some new things that the researcher is interested in highlighting in this article. To clarify positions in the Holy Quran. And that some contemporary writers do not take into account the status of these signs and interesting situation in the appropriate places, but they refuse to take into account behind their appearance when writing Arabic became randomly writing, Based on the above, the researcher can shed light on the importance of these punctuation marks and indicate the relationship between them and the signs of the Qur`anic cessation, which does not mean the use of the first place with The existence of the connection and kinship between them; because the writing of Qur`an is descriptive, it could never be treated in the places of cessation and tone as   usual treatment of the normal writing.

scholarly journals Architecture in the Islamic Vision

2020 ◽  
Vol 6 (1) ◽  
pp. 1-6
Author(s):  
Yehia Hassan Wazeri
Keyword(s):  
Content Analysis ◽  
Building Materials ◽  
Town Planning ◽  
Analysis Method ◽  
The Earth ◽  
Content Analysis Method ◽  
The World ◽  
Holy Quran ◽  
The Holy Quran ◽  
Shed Light

The Qur’an contains about eighteen verses that refer to the architecture of the earth. Nearly two hundred elements (terminologies) of architecture and town planning have been mentioned in the Quran. This paper aims to present examples from the Quran to shed light on the Islamic vision of architecture and art. It uses content analysis method to achieve the objective of the research. The analysis is done by studying and discussing verses of the Holy Quran, which is related to architecture and urbanism. One of the most important results of this research is to give distinct architectural and urban examples, include the following: building materials, environmental architecture, houses of insects, visual illusions in architecture, and the centrality of Mecca to the world. All of them is explained in the Qur’an verses, such as Al-Baqarah, An-Naml, An-Nahl, Al-Kahf, and Al-Fajr. 

scholarly journals تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
pp. 103-118
Author(s):  
Nisar Ahmad ◽  
Muhammad Anees
Keyword(s):  
Islamic Law ◽  
The Body ◽  
Legal Punishment ◽  
The Third ◽  
Muslim Countries ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges. But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat). In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

scholarly journals The importance of Hadith and Sunnah in Islamic way of life: A research review

2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Naseem Akhtar ◽  
Husn Ara ◽  
Abdul Haleem Abid
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Research Review ◽  
Secondary Source ◽  
Way Of Life ◽  
Central Figure ◽  
Holy Quran ◽  
The Holy Quran ◽  
Religious Problems ◽  
The Way

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

scholarly journals التفسير النبوي لألفاظ العبادة

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 31-41
Author(s):  
Dr. Hafiz Haris Saleem ◽  
Dr. Kifayatullah Hamdani
Keyword(s):  
Prior Knowledge ◽  
Islamic Law ◽  
Holy Quran ◽  
The Holy Quran

The Sunnah and Hadith of the Holy Prophet PBUH has been accepted as an important source of Islamic law, next in importance only to the Holy Quran. This status of the Sunnah has remained unchallenged and undisputed throughout the centuries. There have been many differences among Muslims in their juristic opinions, but the authority of the Holy Quran and Sunnah of the Holy Prophet PBUH was never denied by any jurist. The Holy Prophet PBUH being the best teacher employed two different ways to enlighten his companions about Islam and particularly matters of worships. On few occasions, he inquired about their prior knowledge about the topic and then illuminated it, while on other occasion, he simply exposited the spirits and essence of rites and rituals.

scholarly journals Coercion to destroy other people’s money between sharia Jordan’s Civil Code: Comparative study: الإكراه على إتلاف مال الغير بين الشريعة الإسلامية والقانون المدني الأردني: دراسة مقارنة

2021 ◽  
Vol 5 (17) ◽  
pp. 58-42
Author(s):  
Ammar Mahmoud S. Shwayat Ammar Mahmoud S. Shwayat
Keyword(s):  
Analytical Method ◽  
Islamic Law ◽  
Civil Law ◽  
Comparative Approach ◽  
Research Material ◽  
Holy Quran ◽  
The Holy Quran ◽  
Definition Of ◽  
Scientific Subject ◽  
Language And Law

This research deals with the issue of coercion to destroy the money of others in Islamic sharia and Jordanian civil law and the importance of this research is evident by showing the picture of the truth of the jurisprudential issues based on this type of coercion. And the sharia ruling in these pictures. And the problem of the research revolved around the sayings of scholars about the reality of coercion. The main objective of the study is to make a comparison between sharia and Jordanian civil law in this matter. As for the key words included in the research. They Are: coercion money destruction of money. Immoral coercion. And unresolved coercion. As for relying in this study on three main approaches. Namely: 1. the inductive approach for all the scientific subject: by referring to what I have available to me from language and fundamentals books. Branches and jurisprudential rules. And books on jurisprudential and law. 2 the analytical method for this available research material by presenting the sayings of scholars in Islamic law and Jordanian civil law 3. The comparative approach by presenting the saying of the four schools of thought and the Jordanian civil law 4 the attribution of the Quran to their place in the noble Quran and the output of the hadiths based on the two sahib al – Bukhari. Then the four Sunnah again and attributing the effects contained in this study to their books and Sayers with judging.to achieve this topic. I divided my research into two coats. The first requirement: clarifies the definition of language and law. the pillars and conditions of coercion. types of coercion. recourse and non – recourse coercion. Moral coercion. And the evidence for the existence of coercion from the holy Quran and the Sunnah. As for the second requirement. It death with the effect of coercion on destroying the money of others in Islamic sharia and Jordanian civil law in coercion.

Sign in / Sign up

Export Citation Format

Share Document