scholarly journals DELEGATION OF THE RIGHT OF DIVORCE AND ITS REVOCATION IN ISLAMIC AND PAKISTANI LAW: A COMPARATIVE STUDY

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ihsanullah Chishti ◽  
Ayesha Snober
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Family Law ◽  
The Real ◽  
Legal Texts ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right ◽  
Muslim Family ◽  
Muslim Scholars

Delegation of divorce and its revocation is an important issue in the discipline of Muslim family law, which especially highlighted by Muslim scholars in Pakistan after the legislation of Muslim Family Law Ordinance 1961 in this regard. Actually, the legality of the issue in the classical Muslim jurisprudence is not questionable due to its institution by the legal texts of the Holy Quran and Sunnah. But the Muslim scholars distinguish between pre- and post-contract delegation of right of divorce to the wife. As for as concerned the Pakistani Muslim family Law ordinance 1961, which legalized that right to divorce may be delegated to wife at all. We have tried to study in this article the real status of the issue in the light of Quran and Sunnah and opinions of the early Muslim Jurists in this regard. This study is based on the comparison between the practically applied law in Pakistan and legitimate position of the said case in Islamic Law.

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 غریب الحدیث پر موجود کتابوں کے اسالیب کا مطالعہ اور ان کے مناہج کا تقابلی جائزہ

rahatulquloob ◽  
2018 ◽  
pp. 55-82
Author(s):  
Noor Wali Shah
Keyword(s):  
Comparative Study ◽  
History Of Research ◽  
Holy Quran ◽  
History Of ◽  
The Holy Quran ◽  
Work Done ◽  
Muslim Scholars

Allah the elevated bestowed on prophet Muhammad SAW two basic sources of guidance for Muslim Ummah, The holy Quran and Hadith. Due to this significance of Hadith, Muslims have invented more than five hundred sciences related to Hadith. One of these sciences is Ilm Garb ul Hadith. Sheikh Moaamer bin muthana was the first scholar who has written a book on this topic.  From then on Muslim scholars have researched a lot in this regard. Dozens of scholars spent their time and wealth on it. According to the author of Moaajm ul mua’ajam more than 90 books on the topic have been published but eight of them gained much publicity and famous hood among them. Abu Ubaida, Abu Adnan, Abu Ubaida Qasim bin Salam, Ibrahim bin Ishaq Al Harbi, Abu Ubaida Ahmed bin Muhammad Alhervi, Ibn Jauzi, Muhammad bin Atheer Aljazree, Zemakhsharee. The following article consists of a brief introduction of Ilm Gharib ul Hadith along with a brief history of research about it. Then the eight famous books on Gharib ul Hadith and there way of research are examined in brief along with examples. At last a comparative study of the work done by these eight scholars is given in order to explore the differences and similarities among them.

scholarly journals Women, Reconciliation Right and Gender Justice in Islam Family Law

2019 ◽  
pp. 173
Author(s):  
Aswiyanto Aswiyanto
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Family Law ◽  
Analysis Approach ◽  
Gender Justice ◽  
Gender Perspective ◽  
Men And Women ◽  
And Gender ◽  
The Right ◽  
Muslim Scholars

Religious teachings are considered to have long oppressed women. Teachings having been dominated by men have been used as justifications for the perception of society that is very detrimental to women. This article discusses the gap of understanding on women's rights to reconcile with their husband who have divorced them, viewed from the perspective of Islamic scholars and Islamic law. In this case, the Qur'an has the principle that the positions of men and women are equal as a servant, because men and women are created from the same substance (min nafsin waahidah), the same task (khalifatullah filardh), and have same obligations (liya'budun). However, Muslim scholars agree that the reconciliation is absolutely the husband’s right. In gender perspective, women can apply for reconciliation (Rujuk) as their rights to their husbands. This study conducts analysis using a content analysis approach related to the issue of reconciliation rights dominated by men (husbands) by means of redeeming the husband's rights that have been given to them. And in the presence of khulu, the wife also has the right of reconciliation (Rujuk) to the husband who has divorced her.

scholarly journals Study on determining the Period, places and names in Sahih Bukhari (application on Asqalani and Kirmani)

ĪQĀN ◽  
2019 ◽  
Vol 1 (02) ◽  
pp. 1-23
Author(s):  
Dr. Muti Rahman ◽  
Dr. Fat'h Ur Rahman Qurashi
Keyword(s):  
Specific Time ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right ◽  
Almost All ◽  
Muslim Scholars

Sahih al-Bukhari by Imam Abu Abdullah Mohammad al-Bukhari comes second to the Holy Quran as a fundamental source of Islam. It is a most authentic collection of sayings and deeds of Prophet Mohammad (PBUH), which covers almost all aspects of life in providing proper guidance from the Messenger of Allah. The Muslim scholars of past and present time gave great importance to this book by making their efforts to extract the hidden treasures from this book and to present the different approaches and benefits of this book. “Al Kawakib Ad Durari” by Imam Alkirmani is an old explanation of Sahih Bukhari. During studying “Fath al Bari” I found that Alhafiz Ibne Hajar has consulted “Al Kawakib Ad Durari” and quoted Imam Alkirmani’s commentary and added it. Alhafiz Ibn e Hajar differs at many times with the opinions of Imam Alkirmani about specific time, place, different tribes and personalities mentioned in the text of traditions. I wanted to study such analysis to check the right opinion after comparing statements of both Imams and by consulting with the statements of other scholars of this field. This article approves that judgments of Ibn e Hajar about specific time, place, different tribes and personalities are more authentic than opinions of imam Alkirmani.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

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 The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals A Comparative Study of Quranic Lectures of Dr.Mahmood Ahmad Ghazi and Maulana Dr. Sher Ali Shah

Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 103-120
Author(s):  
Dr. Saeed Ul Haq Jadoon ◽  
M. Saeed Shafiq
Keyword(s):  
Comparative Study ◽  
Teaching And Learning ◽  
Pivotal Role ◽  
International Level ◽  
Modern Age ◽  
The People ◽  
Holy Quran ◽  
The Holy Quran ◽  
Modern Era

The teaching and learning of Quran is a great blessing that is why the Islamic scholar have played a pivotal role in this regard. They also intensified their efforts immensely in publishing of Quranic knowledge. Allah took great services of Quranic words and meanings fromUlama and Islamic Researchers. The modern age due to specialization which were introduced in the Holy Quran, among these one is Quranic lectures. The monumental scholars, Researchers and the experts of Quranic Knowledge deliver lectures on different subjects from which general and specific people take advantage equallly. This kind of teaching adopted the shape of permanent Art in the modern era. Dr. Mahmood Ahmad Ghazi and maulana Dr. Sher Ali Shah were also international level scholars and researchers, who were called upon by the people for Quranic lectures in country and foreign. The Quranic lectures delivered by Dr Mahmood Ahmad Ghazi and Dr.Sher Ali Shah were very beneficial for Quranic students and scholars. In this Article we discuss Comparative Study of Quranic lectures of Dr. Mahmood Ahmad Ghazi and Molana Dr. Sher Ali Shah

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.

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