Scope of State in Legislation from Islamic Perspective

Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW), which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW), field of Ijtehād started development, which w...

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Main Authors: Dr. Farhadullah, Dr. Fazle Omer
Format: Article
Language:Arabic
Published: University of Haripur 2017-07-01
Series:Journal of Islamic and Religious Studies
Subjects:
Online Access:http://www.uoh.edu.pk/jirs/article-download.php?file=v284n2c403z3n3a4m4n4i5p2n4b404k4m484q4l534g4c464
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author Dr. Farhadullah
Dr. Fazle Omer
author_facet Dr. Farhadullah
Dr. Fazle Omer
author_sort Dr. Farhadullah
collection DOAJ
description Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW), which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW), field of Ijtehād started development, which was already approved by the Prophet (SAW) in his life. The companions of the Prophet (SAW) developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.
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spelling doaj.art-6c716f6bf9074e018e05e0f9079fb6d02022-12-22T03:02:19ZaraUniversity of HaripurJournal of Islamic and Religious Studies2518-53302519-71182017-07-0122738310.12816/0041905Scope of State in Legislation from Islamic PerspectiveDr. Farhadullah0Dr. Fazle Omer1University of Science & Technology, Kohat, PakistanKMU Institute of Medical Sciences, Kohat, PakistanIslamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW), which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW), field of Ijtehād started development, which was already approved by the Prophet (SAW) in his life. The companions of the Prophet (SAW) developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.http://www.uoh.edu.pk/jirs/article-download.php?file=v284n2c403z3n3a4m4n4i5p2n4b404k4m484q4l534g4c464LegislationIslamic StateFiqhIslamic Jurisprudance
spellingShingle Dr. Farhadullah
Dr. Fazle Omer
Scope of State in Legislation from Islamic Perspective
Journal of Islamic and Religious Studies
Legislation
Islamic State
Fiqh
Islamic Jurisprudance
title Scope of State in Legislation from Islamic Perspective
title_full Scope of State in Legislation from Islamic Perspective
title_fullStr Scope of State in Legislation from Islamic Perspective
title_full_unstemmed Scope of State in Legislation from Islamic Perspective
title_short Scope of State in Legislation from Islamic Perspective
title_sort scope of state in legislation from islamic perspective
topic Legislation
Islamic State
Fiqh
Islamic Jurisprudance
url http://www.uoh.edu.pk/jirs/article-download.php?file=v284n2c403z3n3a4m4n4i5p2n4b404k4m484q4l534g4c464
work_keys_str_mv AT drfarhadullah scopeofstateinlegislationfromislamicperspective
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