Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law

The Islamic Shari’ah has ensured and guaranteed protection and security of life, wealth, and honor through the imposition of different laws and injunctions. Alongside this, it permitted the jurists of the Ummah to frame and promulgate laws for their security under the Quran & Sunnah, which are...

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Main Authors: Zia ur Rahman, Niaz Muhammad, Karim Dad
Format: Article
Language:Arabic
Published: University of Haripur 2020-06-01
Series:Journal of Islamic and Religious Studies
Subjects:
Online Access:http://jirs.uoh.edu.pk/index.php/JIRS/article/view/356
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author Zia ur Rahman
Niaz Muhammad
Karim Dad
author_facet Zia ur Rahman
Niaz Muhammad
Karim Dad
author_sort Zia ur Rahman
collection DOAJ
description The Islamic Shari’ah has ensured and guaranteed protection and security of life, wealth, and honor through the imposition of different laws and injunctions. Alongside this, it permitted the jurists of the Ummah to frame and promulgate laws for their security under the Quran & Sunnah, which are the primary sources of Shari’ah. The Muslim scholars authored jurisprudence books keeping in view the need for the time in every era and thus a vast compilation of Islamic literature came into existence. The Ottoman Caliphate enjoys a particular background and characteristics among different Muslim empires. The said Caliphate not only had very extensive geographical boundaries but also had links with the contemporary governments. This Caliphate, following Fiqh Ḥanafī, had formed Majallah al Aḥkām al ‘Adaliyah for the country’s economic system. The clauses of Majallah were based on deep-rooted thoughts and, therefore, caused a great impact on the succeeding assets and heritage of jurisprudence. In this article, after mentioning the introduction of Majallah Al-Aḥkām Al-‘Adliyah and its methodology, a comparative and applied review of the selected provisions of "Kitāb Al-Wakālah" with "Contract Act 1872" is discussed and finally, the conclusions drawn from this research, along with few recommendations, are mentioned.
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spelling doaj.art-8c67d2cce8e849cbbdd7802594e9e3ad2023-01-19T13:18:56ZaraUniversity of HaripurJournal of Islamic and Religious Studies2518-53302519-71182020-06-015110.36476/JIRS.5:1.06.2020.09231Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani LawZia ur Rahman0Niaz Muhammad1Karim Dad2Ph.D Scholar, Department of Islamic Studies, Abdul Wali Khan University, MardanProfessor, Department of Islamic Studies, Abdul Wali Khan University, Mardan, PakistanAssociate Professor, Department of Islamic Studies, Abdul Wali Khan University, Mardan The Islamic Shari’ah has ensured and guaranteed protection and security of life, wealth, and honor through the imposition of different laws and injunctions. Alongside this, it permitted the jurists of the Ummah to frame and promulgate laws for their security under the Quran & Sunnah, which are the primary sources of Shari’ah. The Muslim scholars authored jurisprudence books keeping in view the need for the time in every era and thus a vast compilation of Islamic literature came into existence. The Ottoman Caliphate enjoys a particular background and characteristics among different Muslim empires. The said Caliphate not only had very extensive geographical boundaries but also had links with the contemporary governments. This Caliphate, following Fiqh Ḥanafī, had formed Majallah al Aḥkām al ‘Adaliyah for the country’s economic system. The clauses of Majallah were based on deep-rooted thoughts and, therefore, caused a great impact on the succeeding assets and heritage of jurisprudence. In this article, after mentioning the introduction of Majallah Al-Aḥkām Al-‘Adliyah and its methodology, a comparative and applied review of the selected provisions of "Kitāb Al-Wakālah" with "Contract Act 1872" is discussed and finally, the conclusions drawn from this research, along with few recommendations, are mentioned. http://jirs.uoh.edu.pk/index.php/JIRS/article/view/356Majallah al-Aḥkām al-‘AdliyahWakālahadvocacyPakistani Laws
spellingShingle Zia ur Rahman
Niaz Muhammad
Karim Dad
Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
Journal of Islamic and Religious Studies
Majallah al-Aḥkām al-‘Adliyah
Wakālah
advocacy
Pakistani Laws
title Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
title_full Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
title_fullStr Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
title_full_unstemmed Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
title_short Comparison and Application of Advocacy Issues in the Context of Majallah Al-Aḥkām Al-‘Adaliya and Pakistani Law
title_sort comparison and application of advocacy issues in the context of majallah al ahkam al adaliya and pakistani law
topic Majallah al-Aḥkām al-‘Adliyah
Wakālah
advocacy
Pakistani Laws
url http://jirs.uoh.edu.pk/index.php/JIRS/article/view/356
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