مصادر قانون بطور سند اسلامی اور مغربی اصول قانون كا تحقیقی اورتقابلی جائزہ Sources of Law as an Authority in Islamic and Western Jurisprudence; an Analytical Study
Law usually receives its legitimacy from its sources. The first part of the present, Article deals with the sources of western law. Source means from which a rule of law derives its force and validity. Western law refers to the legal traditions of the western culture which has its roots in both Roma...
| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
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SZIC University of Peshawar
2019-12-01
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| Series: | الإيضاح |
| Subjects: | |
| Online Access: | http://al-idah.szic.pk/index.php/al-idah/article/view/368 |
| Summary: | Law usually receives its legitimacy from its sources. The first part of the present, Article deals with the sources of western law. Source means from which a rule of law derives its force and validity. Western law refers to the legal traditions of the western culture which has its roots in both Roman law and the Bible. There are numerous sources of western law, however, statute law is today the principal source of law and it is very convenient method of lawmaking. The constitution is there elevated to a source of law superior to ordinary legislation.
The second part of the Article discusses the main sources of Islamic law. The primary sources of Islamic law are the Qur'ān and the Sunnah because these sources contain the law for many cases and serve as the basis for the extension of the law. The legal force of Ij'māa as a primary source and other secondary sources also mentioned. The main object of the study is to explore the similarities and dissimilarities between the two legal systems.
Some of the objections on the Qur'ān, the Sunnah and the principle of Ij'māa raised by orientalists have been addressed. |
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| ISSN: | 2075-0307 2664-3375 |