Journal Of Shariah Studies

احکام حضانت:منتخب فقہی تفاسیر کی روشنی میں تجزیاتی مطالعہ

2025-01-30T05:41:17+00:00

This study delves into the rulings of Islamic Shariah regarding child custody (ḥaḍānah), analyzed through the lens of two classical interpretations: Tafsir Ahkam al-Qur’an by Al-Jassas and Tafsir al-Qurtubi by Al-Qurtubi.

The study examines the legal and ethical aspects of child custody as derived from Quranic injunctions, as interpreted in these tafsirs.

The research systematically presents the authors’ methodology, extracts rulings related to child custody and elaborates on their application in contemporary contexts. It also compares the interpretations to identify points of convergence and divergence in their understanding of Shariah principles.

The findings reveal a profound alignment of both tafsirs on fundamental principles of child welfare, prioritizing the best interests of the child within the Shariah framework. The study recommends revisiting classical interpretations in the light of contemporary challenges, ensuring their relevance and application in modern family law disputes. Furthermore, it advocates for integrating such tafsir-based jurisprudence into legal systems to address custody issues effectively.

متفقہ مآخذ سے مسائل کے استنباط میں علامہ انور شاہ کشمیری ؒکا اصولی منہج ( العرف الشندی کا تجزیاتی مطالعہ )

2025-01-30T06:15:45+00:00

This research critically examines Allama Anwar Shah Kashmiri’s jurisprudential methodology, focusing on his seminal work, Al-‘Arf Al-Shadhi (العرف الشندی ), a comprehensive commentary on Sunan al-Tirmidhi. The study explores his multi-faceted approach to legal reasoning, incorporating the Qur'an, Sunnah, consensus (اجماع) and analogy (قیاس)۔

The research is based on a qualitative methodology, analyzing primary and secondary sources to highlight Allama Kashmiri’s jurisprudential contributions. By critically evaluating his works, this study identifies the underlying principles that shaped his legal reasoning and explores their relevance in contemporary legal discourse. The research aims to demonstrate that his approach, rooted in traditional scholarship yet open to critical inquiry, offers valuable insights for modern Islamic jurisprudence.

The findings establish that Allama Kashmiri was not only a preeminent hadith scholar but also a distinguished jurist, whose legal methodology continues to illuminate Islamic legal thought. His balanced approach—respecting classical jurisprudence while embracing analytical depth—sets an example for contemporary scholars. The study concludes that further academic exploration of his contributions is essential, particularly in the context of modern legal and societal challenges. His jurisprudential insights hold immense value for contemporary Islamic scholarship, urging a re-evaluation of legal methodologies in light of scriptural authenticity, scholarly integrity, and evolving societal needs.

مصالح مرسلہ سے استدلال:مذاہب فقہیہ کے تناظر میں تجزیاتی مطالعہ

2025-01-30T06:46:55+00:00

This research paper studies "Masaleh Mursalah" (Unrestricted Public Interests), is an important juristic concept, which jurists consider one of the secondary sources of Islamic Shariah. The purpose of this dissertation is to examine the concept of "Masaleh Mursalah" in the light jurists' opinions. Accordingly, the discussion is divided into the following key points: Introduction to Sharia ‘Masaleh,،Types of Masaleh, Factors influencing the consideration of public interests and Arguments based on Masaleh Mursalah. Qualitative method of research has been employed in this research. After brief literature review and study on above mention topic, it has shown that all jurisprudential schools argue from “Masaleh Mursalah”, using different terms and names, indicates its universal acceptance. There is a pressing need to explore solutions to contemporary issues by utilizing "maslahah mursalah" in order to align Islamic jurisprudence with current realities.

افراط زراورمؤجل ادائیگیوں پر اس کے اثرات کا فقہی جائزہ

2025-02-06T12:28:20+00:00

This research paper studies inflation and its impacts on deferred payments. Qualitative method has been employed in this research. After brief literature review it reveals that If we review the effects of inflation on future debt from a Shariah perspective, the ancient jurists agree that in the event of a change in the value of Thaman e Khalqi (gold Dinar and silver Dirham), payment must be made in the same amount that is owed. But some jurists considered that the payment of value is obligatory in the event of changes in Folus ( فلوس).

With regard to modern-day currencies, especially in the case of inflation, contemporary jurists have debated the rule of future debt, and many of them have emphasized the need to pay the same amount that is owed by debtor to avoid usury. On the other hand, some contemporaries argue that the value should be paid based on the price index. The third opinion of some contemporary jurists is that in the event of significant inflation that people do not neglect to do so, especially if it exceeds one third of the amount of future debt, it is fair to pay the value. Based on this view, some jurisprudential councils have issued fatwas in this regard.Researcher's inclination is towards ensuring equality in payments, and if any discrepancies occur, adjustments in payments are recommended only after the national shariah council's recommendation, with caution taken into consideration.

فقہائے احناف کے ہاں آ ثار صحابہ سے استدلال اور عمل صحابی و خبر واحد میں ترجیح کے اصول

2025-02-06T13:13:06+00:00

The views of the Companions of the Holy Prophet (PBUH) are highly influential in both Islamic theological and legal traditions. Their sayings, actions, and interpretations of legal matters—often referred to as the athar of the Companions—are considered crucial sources of Islamic law, alongside the Qur'an and Sunnah.

This study explores the nature and principles of preference between the Āthār al-Ṣaḥābah) and Khabar Wāḥid within the framework of Hanafi jurisprudence. The Hanafi school, known for its methodical and rational approach to legal interpretation, gives significant weight to both categories of evidence but applies distinct criteria when resolving apparent conflicts between them. Āthār al-Ṣaḥābah hold a prominent position due to the Companions' direct engagement with the Prophet (PBUH) and their practical understanding of Islamic law. However, Khabar Wāḥid, is accepted when it meets conditions of authenticity and reliability. This paper examines the foundational principles the Hanafi jurists employ in evaluating the credibility and applicability of these sources.The analysis demonstrates how preference is given to the Āthār al-Ṣaḥābahin and Khabar Wāḥid in cases where they provide clearer guidance on legal matters. This approach underscores the Hanafi school's commitment to a balanced interpretation of Islamic jurisprudence, ensuring coherence and continuity within the legal framework.