Volume 17 Issue 1
English title of the Thirty Seventh Volume of Al-Idah.
|Discipline||Islamic Studies, Theology|
|Language||English, Urdu, Arabic|
|Edited by||Rashad Ahmad Saljoq|
Zayed Islamic Center, the University of Peshawar (Pakistan)
|Frequency||2 issues per year|
|License||Creative Commons Attribution 4.0 International License. CC BY|
|ISO 4||Find out here|
Abstract: The Orientalists are well aware of this fact that when the West became the custodian of the world affairs due to their scientific and academic development, they occupied almost all the Asia and Africa. During their occupation of these regions, while on the one hand they added many more things to the culture, civilization and academics and on the other hand, they tried to influence the faith and beliefs of the people. In this regard their scholars and think tanks struggled hard. This phenomenon continued for hundreds of years. In this malign compaign, the Orientalists focused their full attention on Islam, Islamic history, Civilization, Islamic Law, Quran and Sunnah and especially the life of the Holy Prophet (S. A. W) . In this article some objections of Orientalists are anazlyzed and responded academically.
The mashroom-growth like blind murder cases, have, now a days confused and perplexed the law-enforcing agencies____the reason is that such murder-cases are taken in hand and tried to be dealt with the common criminal proceduresÿ The criminal in such a case leaving no clue thereto succeed in detracting the police. As a result the FIR is lodged against an anonymous 'accused' afterwards and the case is filed because of the non-availabiiity of required proof. Contrary to the above Islam introduces the procedure cf Qasama__ which literally means_ administring an oath which in juristic terminology applied to a way and process where some persons are held responsible in a blind murder for an oath in words, that; By Allah! Neither they have committed the murder nor they noticed the culprit. In case of refusal they are adjudicated for Qisas and for the payent of Dfyat in vice versa. Historically Qasama procedure is traced back to pre-lslamic tribal-law which were then, afterwards modified and re-enforced by the Prophet (SAW) and his Khulafa. With the exception of some minor juristic controversies regarding the structure and framework of Qasama procedure__multitude of muslim jurists hold it a valid way for the adjudication of a blind-murder. It is with all regrets that-lslamic Ideological council (HC) despite its introduction of a set of sectionized Hudud, Ta’zirat and Qisasvia diyat laws excluded the procedure of Qasama thereto. If the chapter of Qasama is sectionized and enforced, it may help in reducing the ratio of blind-murders.
Where Islam takes the protection of human life on first priority there it places the fluctuation and safety of one's property and ownership on the second priority_ Qura’nic Verses, sayings of the Prophet and civil and criminal juristic laws stress the protection of property__ The extravagancy, misuse, theft, robbery, usurpation, aleatory, deception and alike have been termed unfair means regarding the property. Besides, according to Muslim jurists there are some other elements, if not checked may lead to deterioration of property_ like disposition of property during immaturity, lunacy, drunkenness and inebriety, stupidity etc. In this connection Islamic Law introduces the rules of Hajr (interdiction) which ensure the sanction upon such a person found suffering from the above imperfection and forbids him to make disposition in his own property and terms it invalid for further legal effects. In juristic terminology such rules are called Hap (interdiction) .
His distinction was that he reflected over the Islamic system and applied it upon the modem age. He proved that the teachings of Islam cover not only faith, beliefs and rituals of worship but also rule all the aspects of social and moral values of a Muslim. He proved with profound arguments that these fundamental principles prevail and govern the Muslim society and its ethics. Shah Waliullah had a broad vision and a versatile approach towards the different aspects of political, moral and social behaviors. The most important thing about his contributions is that his views are widely accepted and welcomed by the scholars who came after him.
1. The Stylistics of Holy Qur'an is way beyond human potential and capabilities. Its diction, semantics and phraseology is unique which is not found in any of man's writings. 2. The range of its stylistics is such that it impresses all and sundry simultaneously. Thus our Holy Qur'an exceeds in rhetoric and stylistics. 3. The stylistics of Qur'an is such that it holds a universal appeal for all times to come despite of the drastic evolutionary change in human society over a time period. The Holy Qur'an has not lost its relevance and freshness uptil now and neither shall it do so till the Day of Resurrection. 4. The Holy Qur'an addresses people belonging to all strata of society from a layman to a universe don. Each person may interpret and appreciate the miraculous Ayah's of Qur'an according to their own caliber and understanding. It offers straight direct teachings to the commoners whereas a scholar may unfold and marvel at its depth and delicate intricacies. 5. The miracles of the previous prophets were sensual in nature. They could be perceived through our senses. Yet the miracle of our Holy Prophet i. e. Holy Qur'an holds its dynamic appeal rationally and logically. It shall remain so till all times to come. 6. The salient features of the stylistics of Holy Qur'an are as follows: Its simultaneous brevity as well as comprehensive nature; its universal appeal to ail and sundry; its precise summation yet in other places its elaborate detailing; its unique super human stylistics; its rhythm and variety phonetically and semantically; its recurrence and repeated mentions of incidents and topics; its
The word (Adab) , contrary to its present equitant in English language (literature) , has an interesting background and exciting history. This word went through many developments in its meaning and senses throughout the history of Arabic literature. Linguistics took keen interest in each and every change and development came into its meaning. They thoroughly studied this word, and tried to link between its early root meaning (giving a banquet or feast) , and its present meaning (literature) . Linguistics7 this attempt resulted in out break of differences among them regarding the word (Adab) . This artide deals with this issue.
The Arabic language faces many hurdles in its expansion and progress in the non-Arab world internationally. This time our focus is the multi-lingual community Nigeria. Nigeria is a country of languages, where there are hordes of mother tongues (dialects) , an official language and then there is a religious language as well. It is very tough to focus on the Arabic language in this myriad of languages though; it enjoys a historic status and prestige there. A few reasonsfor this lack of focus on Arabic language Nigeria are as follow: 1. The British colonialism and its treacherous role to downplay the Arabic language. 2. To segregate Arabic from Muslim Ummah in Nigeria, the colonialists thus promoted English and French as official administrative languages. 3. Dearth of text books in Arabic at primary and secondary level. Moreover there are no well equipped language laboratories to develop Arabic in Nigeria. 4. The stranded economic state of the country. 5. The scarcity of Arabic press houses in Nigeria and lack of interest in the Arabic language by the general public. A few suggestions to promulgate and develop the Arabic language in Nigeria are as follow: a. Students’ attention needs to be drawn towards the Arabic language as a modern and rich language. For this all the available resources need to be exhausted. b. The Arabic language centres should be developed where proficient teachers should teach Arabic. The present faculty for Arabic should do refresher courses in Arabic to enhance their capabilities. c. The availability of Arabic text books to cater the various levels of the students is made possible. A committee should monitor the overall process and progress of Arabic language in Nigeria. d. The Nigerian government should play an active role in the development and progress of the Arabic language in Nigeria
Ijmaa is the fourth source of Islamic law. It is the product of collective Ijthihad of Islamic jurists. This is one of the principal source of Islamic law and is based on the Qur'an and Sunna. It is in a way a kind of Ijthihad and can be termed as a collective Ijthihad. In modern day it can be exercised through parliament or a committee on Ijthihad. Its scope can be further widened for the Umma through an international council or congress of Islamic scholars.