Volume 6 Issue 1
Title Page of Bannu University Research Journal in Islamic Studies
|Double Blind Peer Review|
|Language||Urdu, Arabic, English|
|Edited by||Irfan Ullah|
University of Science and Technology (Pakistan)
|Frequency||2 issues per year|
|ISO 4||Find out here|
With the start of the codification of Muslim Personal Law in the Muslim countries, the question of exclusion and deprivation of orphan grand-children of the deceased from heir ship has gained importance. Bringing of section 4 on statute book was the result of the recommendations of the Commission on Marriage and Family Laws 1956. It was based on so-called ijtihād which caused confusion in the Islamic law of inheritance. Hence by declaring the section 4 repugnant to the injunctions of Islam, the Federal Shariʻat Court observed that the concept of “compulsory will” is an appropriate alternate to this problem. The court explains that making a will in favor of orphan grandchildren out of an estate of grandparents to the extent of one third would be very plausible solution to meet the socio- economic problem. The article aims to elaborate the concept of making of a will specially wasiyat wajiba in favor of orphan grandchildren. Various juristic opinions, rulings and legislation of Muslim countries have been analyzed in this regard. Majority of jurists are of the opinion that the making of will in the said case is only recommended and not mandatory. However according to some jurists it is mandatory. In this condition the legislative body may take steps to amend the law so as to bring the said provision in conformity with the injunctions of Islam.
All mighty Allah (SWT) has created man and made him crown of the nature. For the physical needs of human being, Allah provided him all the needful things. In the same way, Allah (SWT) sent his prophets for the spiritual guidance of mankind. Prophet Muhammad (SAW) was the last messenger of this chain of the prophets. The Prophet hood of Muhammad (SAW) was for the whole of the mankind, for all the people till the day of judgment. Because Allah (SWT) called him the “Seal of the prophets”. And it the gift of Allah to whom he wants to give, he gives. Nobody can achieve this (prophet hood) by its struggle. All the prophets of Allah (SWT) were given instructions through revelation. Some people, who were unable to accept Islam, would make jokes of the teachings of the Prophet (SAW) , but he continued his mission and the world witnessed a day when Islam spread all over the world. Some non-Muslims, specially the orientalists, tried to pin point some aspects of the life of the Holy Prophets (in their thinking) but as Allah (SWT) said: And we raised high your name. (Al-Quran: 94: 4) Lesley Hazelton is one of those orientalists. She wrote many books about Islam. Her famous book is “The First Muslim-The Story of Muhammad” in which she has targeted many aspects of the Holy Prophet Muhammad (SAW) . This article discusses her views about the Prophet hood, Revelation and the Miracles of the Holy Prophet (SAW) . It is out of the human mind to understand the reality of the Prophet hood and revelation. It is the gift of Allah to whom he wants, He gives prophet hood. The family, fame, wealth and physical strength cannot be the reasons for the achievement of Prophet hood. The human mind cannot grab the reality of the revelation. How it comes to a prophet and how he catches it, that is far from understanding because it is something related to spirituality. The reality of Miracles too cannot be grabbed by human mind. Many miracles happened to many prophets to call the human beings to the path of Allah (SWT) . These miracles were not magic as many magicians failed in competing with them. Lesely counts the Holy Prophet Muhammad (SAW) as a common man and that is why she says that miracles cannot happen while the visit of the Holy Prophet Muhammad (SAW) to the heavens is on the record. The Holy Qur’an presents it as evidence that the Holy Prophet (SAW) was taken to the Heavens by All mighty Allah and many Signs were shown to him. Lesely puts such events in a psychological event and we say it is her mind and not the reality.
This article investigates the notion of ta’zir (discretionary punishments in Islamic law) by comparing and contrasting it with the concept of hadd (fixed punishments in Islamic law) . Deterrence of crimes is the main objective of any legal system in the world and different punishments are prescribed for this very purpose by all legal systems. Hence, this article explains the meaning and definition of ta’zir first, followed by the basis of its permissibility in the Quran and Sunnah, its types and modes of implementation etc. The article also elaborates the extent of ta’z┘r in different cases and crimes. The permissibility of pardoning in ta’zir as against hadd is also explained while the article concludes with presenting the main findings of the study.
No society is safe from crimes hence with the passage of time, crimes amplify along with alteration in its nature. As the approaches of investigation and finding the crime develop, the ratio of crimes also increases and the casualties occur with new devices and techniques. On the other hand individual and collective endeavors are being made to stop it. The concerned authorities try to finish or decrease these crimes by formulating various new rules. The rules that the Creator and the real Owner of the whole world had bestowed upon us in the form of Islam, it includes the right and basic techniques to control the crimes. As the modern technology has facilitated us with many facilities, it has also facilitated us in finding a culprit or proofs against him that helps in the stoppage of crimes and finding the criminals. As this modern technology has brought a great reduction in the casualties and crimes, on the other hand we have also to face some legal and Islamic issues. One of these issues is the case of medical test for witness that whether the test of clinical laboratory can be accepted as witness.
Almighty Allah has stated the nature of man that everything He loves towards the one He loves is dear to Him. For this reason, in every age human being has been attached to the remains of his beloved thing. The stories of the former Ummah are contained in the holy Qura᾽n, in which their remnants are proven to be safe after they passed away. This last Ummah also appears to meet these natural requirements. Therefore, just as this Ummah loves his Prophet (peace be upon him) . Therefore the sacred Islamic ancient relics have extraordinary significance, which are attributed to the holy Prophet. Muslims get peace by them and kept protecting and persevering such relics during every period. The companions of the Prophet (PBUP) have kept them safe too and they organized particular arrangements for preserving them. But there is also a theory which those who believe these are considered as a prohibition of Islamic Sharia, and they present their arguments on the basis of a “Hadith” attributed to Ḥaḍrat ʻUmar Fārūq (R. A) . It is narrated from Ḥaḍrat ʻUmar Fārūq, that the he used to give an importance to the memorandum of Muhammad (PBUH) . In the light of such “Riwāyās”, the mentioned “Hadith” would be suspicious. It is essential that he research of this “Hadith” should be reviewed, how its status is? In this article, research has been studied by this “Hadith” that it is clear that this “Hadith” could not be narrated by Ḥaḍrat ʻUmar Fārūq (R. A) . Therefore, the concept of demolition of such scared ancient relics could not be supported by the above mentioned “Hadith”.
Islam is a religion of Nature that covers all aspects of life and guides human being to right path amid ups and downs in one’s life. But Human intellect and comprehension have limited capacities which can understand conditions or benefits of any situation or commodity for the time being. On the other hand, teachings of the Qurʻan and Sunnah are framed in accordance with the nature of human being and since Allah Almighty is the Creator of the entire Universe including the Nature so Allah had commanded to lead life in light of the His divinely inspired principles to get real success. Concept of Halal and Haram plays central role in evolving or driving attitude of a consumer with Islamic ideology. In the prevalent worldly economic system which mainly focuses on means as to how quickly satisfy desires and demands of a consumer irrespective of concept of Halal and Haram. In this context, if a consumer finds more satisfaction in having one glass of wine than milk, the consumer in question would opt for wine and would consider him or herself as successful after having his desires met within his available resources. Moreover, this particular attitude of the same consumer would be called rational act and logical because he or she gets more satisfaction, he or she was struggling or longing for. While Islam focuses on real welfare and success of an Islamic principles-inspired consumer. The consumer with Islamic belief would prefer to get real success here and hereafter by following teachings of Islam which provide for carrying out commandments of Allah and his Holy Prophet (Peace Be upon Him) while dealing in any aspect of life. Accordingly, the consumer will go for satisfying or fulfilling his or her economic requirements while keeping in view Halal and Haram concept as per Islamic injunctions to get real success. However, a consumer could evolve a combination of the both approaches and attitudes to get real success as per Islamic injunctions. So in this article, we would elaborate and discuss the subject threadbare to how one can make combination of the both approaches to get one’s economic requirements and demands met and achieve real success in this world and hereafter.
Paper currency has remained controversial since its advent, until the majority of the modern scholars agreed that paper currency is just like gold and silver, and all the rules and provisions regarding the/of homogeneous and heterogeneous exchange of gold and silver are applicable to paper currency. This viewpoint is widely adopted by prominent modern-day international academies of Islamic Jurisprudence and the same has been preferred by the majority of contemporary scholars in their books, dissertations and scholarly articles. On the contrary, there is a different opinion of majority of the scholars in Indian sub-continent. The reason behind this was that the viewpoint of Ḥanafi school of thought about legal effective cause (᾽illat) of Ribā i. e. weight is not found in paper currency, so the rules of Ṣarf (Exchange of gold and silver) are inapplicable. So, they opined that paper currency is like Fulūs (metal coins) . Furthermore, to stop all the possible ways resulting to/in Ribā according to this opinion, they preferred the viewpoint of Imam Muhammad (R. A) regarding the metal coins and set some precautionary measures. However, the said standpoint has not been deliberated and contested in the contemporary jurisprudential research work as it deserved. This research aims to evaluate this viewpoint in detail, clarifying its roots and evidences while revealing its implications and comparing it with the view adopted by the majority of the contemporary scholars.
Literature, among almost all nations, has always been a source of cultural unity & identity. It’s a deep rooted tree quenching the intellectual and cultural thirstiness. Arabic Language, of course deserves to be called a nourishing language-bringing up- for centuries- the nations came up under Islamic caliphate. Almost all world literature is a molded shape of Arabic key sources. Moreover, Arabic language bestowed to look into latent works of Roman. Thus Arabs are the pioneers of presenting quality works-believing in the utilitarian aspect to the world. This language has benignity to collect the then world literature for the purpose of universal awareness. So much more literary works were translated into Arabic with a view to ponder, to discourse and finally to infer. I have presented in this article a glimpse of how the word literature in its pure Arabic context denoted certain contextual definitions since the origin (pre-Islamic period) till the late 4th century A. H.
Author: Jamil, Muhammad Faizan, Tayyaba Sohail
Religion is considered as an integral part of individuals’ daily routine practices in the society. People perform religious obligations very rigorously and avoid all the religiously declared prohibited acts. This current study aims, to identify the role of group conformity towards adopting sectarian identities by individuals with the emphasis of exploring the practices of sectarian identities that causes an environment of inter-group disintegration in the community. This study will be significant in recommending initiatives that can create an environment of harmony between people belonging to different sectarian believers. Qualitative research method was applied to analyze group conformity and individuals’ behavior towards practicing sectarian identities. Population was based on rural setup of Manddi Faiẓ Abad. Twelve participants were selected through purposive sampling technique. Structured interview guide was used as data collection tool and themes was extracted to describe existing trends and patterns regarding group conformity and sectarian identity construction. Results revealed efficacious role of group conformity to encourage individuals towards adopting and practicing any particular sectarian identity in the society. Results highlighted that, desire of getting religious hegemony and supremacy with the courtesy of group conformity that make individuals intolerant on sectarian grounds and creates an environment of disintegration in the society. Sectarian difference not only creates religious boundaries among people but also causing socio-cultural cracks between individuals having different sectarian identities. Current study stated positive communication and paying respect to everyone without considering others’ sectarian identity can terminate sectarian based hostility in the society.
Author: Nosheen, Misbah, Nasir ud Din
The aim of this paper is to discuss some economic Islamic models given by some prestigious Islamic economists. The Islamic model is one of the examples for international economies in the starting of new millennium. It has its evaluation in the 1970s as an alternate to conventional banking system. The model is based on profit loss sharing and would not be based on interest. The study will focus on the proposed model and will discuss the issues that the model will be supposed to address. It was also address whether the model is applicable to Pakistan economy or not it will also be discussed. As we know that there is dual banking system in Pakistan. In order to make banking system to be truly Islam, there should be legal prohibition of riba. In other words, riba should be made unlawful and whoever deals with it can be prosecuted by law. By prohibiting riba, it will force the bank to be more creative in offering financing products rather than just loaning money. The study will attempt to show the comparison between conventional system and Islamic financial and discusses whether the Islamic system works smoothly on the economy of Pakistan. It also shows that Pakistan should change its dual banking system in Islamic banking system to change structure change. In addition, Islamic financing contract require real activities to be created. There will not be loans to finance extravagance lifestyle which is the source of bankruptcies among the younger generation. It is strongly recommended that Pakistan should enforce truly Islamic financial system to sustain its economy and avoid another economic crisis in the future.
Author: Khan, Asghar, Maryam Khan Sher
Valid interrogation of the accused is an art or skill in today’s modern world. The law and techniques of interrogation varies in the developed and developing world. Similarly, the Islamic law is not silent about the techniques of valid interrogation. There are specific rules and procedures for the interrogation of an accused either a criminal, an enemy, a spy or a war prisoner. This paper gives a detailed analysis about the principles and procedures of a valid interrogation process in Islam and its computability with the International Human Rights standards of interrogations. The paper argue that understanding the psychic-analytical niceties of interrogation helps an investigator to reach the truth. The paper finds that Islamic law gives full protection and safeguard to the rights of persons under custody and restrict the authorities to follow free and fair interrogation for ensuring justice. In this regard Islam presents a balanced view of the rights of the persons under custody and the executives exercise of legitimate force for interrogation. Islam strongly forbids torture and other inhuman ways of interrogation.
Relationship Between Level of Educational Attainment and Employee Performance: Mediating Role of Individual Religious Affiliation
Author: Asif, Rabia, Azka Naeem
Purpose: This study empirically investigates the relation between education level and employees’ performance working in public sector universities from the viewpoint of Islamic religiosity when religious affiliations play mediating role. It has been experienced that more educated people are found to be more involved in performing tasks related to the religious affiliations. Due to the fact that people with higher education found less time to complete their religious obligations, they are more involved in alternative arrangements like charity and donations to fulfill the hunger of religious attainments. Therefore, in order to satisfy themselves religiously, they are more involved in religious affiliations. This high involvement in fulfilling religious arrangements impacts their individual job performance which is necessary to explore. Research Methodology: Data was gathered from the public sector university employees of Pakistan. Out of 900 distributed questionnaires, 520 were received with response rate of 73. 65%. Regression analysis is performed in order to determine the association between level of education and individual performance. Further, in order to determine the mediating role of religious affiliations, the Barren and Kerry (1984) model is applied. Findings: Using questionnaire survey the results of the study showed that level of education significantly impacts the religious affiliations in positive manner and high religious affiliations increase the individual job performance. The results at this point indicated that an unobservable indicator, like propensity for logical rationale induces individuals for higher education and ultimately high religious affiliations. Recommendations: Based upon the results, it is recommended that religiosity and ethical values in management set up are need to be escorted by public reforms to let the identification of employees to their work values and their obligation to the performance of work-related tasks. Originality: This study would be a clear contribution in the field of human behavior towards making alternative arrangements in order to fulfill religious obligations and at the same time identifying the mediating role of religious attainments in determining their individual performance.
Author: Jan, Aziz Ullah, Ashfaq ur Rehman
This research work investigated the interfaith harmony and social cohesion between two different religious followers of Hinduism and Islam in District Swat of Pakistan. The current world is facing various kinds of issues and challenges regarding interfaith harmony, peace and social cohesion. This is need of the time to establish a peaceful and harmonised day to day life standard for all the segments of society. This research was an effort to analyse the willingness among the Hindus and Muslims for enhancing their tolerance towards each other’s social and cultural activities. It also aimed to highlight the positive approach of the respondents towards the participation in the socio-cultural activities of each other. The results of association of social cohesion showed non-significant relationship with an opinion that Hindu and Muslim communities should take part in socio-cultural activities particularly the sports. Similarly, non-significant relationship was found based respondents’ data with an opinion that relations between Hindus and Muslims shall enhanced through participation in cultural and religious ceremonies. The result further concluded that there was peaceful and harmonised environment between Hindus and Muslims being living in the target area. The minorities were fully enjoying freedom and equality in District Swat. Based on the findings of the study, positive social interaction, mutual respect, positivity in thinking and positive role of local media have been recommended as policy guidelines for promoting inter-faith harmony.
Author: Shah, Sayyed Farooq, Gulap Shahzada
Child labor has been considered the most troubling & one of the greatest problems of great concern in the modern world, since it has not only negative effects on the child himself, but also on his family & society in general. However, it is a reality that can commonly & frequently be observed in the emerging & backward nations now a day where expropriated & evicted people take their young ones to workplaces to compete with their livelihoods. This article seeks to highlight the status of child labor & its solution in the light of Qur᾽an & Sunnah as many experts and platforms have offered their own solution. The study population consisted of scholars &the teachers/A᾽ema Kerām of religious institutions (Madrasah) of the Khyber Pakhtunkhwa Bannu, while its sample included 30 scholars & teachers/A᾽ema of different Madrasah in the Bannu District. The researcher has adopted content & methodologies of the interview from the respondents to explore this issue in detail. This study has the sole objective of: to find out solution of the Child Labour in the light of Holy Qur᾽an & Sunnah. This article summarizes the conclusion that holy religion of Muslims(Islam) strictly prohibit child labour, although allows child labour in some special cases, such as light work & character building activities which is not too much dangerous, harmful & unethical for the child’s social, moral, physical & emotional development. In the end, this article recommends the adoption of urgent practical measures at the individual, family & state levels to eliminate the abuse of child labour completely from the surface of earth permanently owing the great teachings of Islam.