حیل فقہ اسلامی كے تناظر میں
|عنوان||حیل فقہ اسلامی كے تناظر میں|
Lawful Evasives in the Light of Islamic Fiqh
|مصنف||خان، دوست محمد، صاحب اسلام|
|یو آر آیل|
|شکاگو 16||خان، دوست محمد، صاحب اسلام۔ "حیل فقہ اسلامی كے تناظر میں۔" الایضاح 27, شمارہ۔ 2 (2013)۔|
Abstract: Heela (-f*) is an Arabic word used as a term in Islamic Jurisprudence. In English language it can be explained "evasiveness" which can be interrupted in to ways as a person may understand something else than the meaning ofspeaker without labelling the lie. It demands wisdom and minuteness to be usedfor achieving the objectives. It legitimately lawful evasiveness and sinful evasiveness all two dimensions fit. The valid evasiveness fulfill all the legal requirements. It has further three types. Infirst type although evasiveness may be invalid but the achieved purpose must be lawful and valid. For example, a woman, who hasfiledfor divorcedfrom her husband can present before jury the fake witness, in order to achieve her purpose. In second type an evasiveness may be used as mean of profit or hurdlefrom getting a loss. It has the relation ofcause and effect. While in third type it has an element ofambiguity, which may be used to avoid the loss by misleading or giving false statement. Sinful evasiveness is the one which is used to achieve an illegal target. It is further divided into three types. In first type the evasiveness and the required purpose both stand illegal. In second type the evasiveness may be lawful but the targeted objective is unlawful. While in third type the evasiveness and the purpose both may be valid but these are manipulated to achieve an illegal purpose and objective.