Volume 3 Issue 2
Title Page of Journal of Islamic and Religious Studies
|Discipline||Islamic Studies, Religious Studies|
|Double Blind Peer Review|
|Language||Urdu, Arabic, English|
|Edited by||Junaid Akbar|
The University of Haripur (Pakistan)
|Frequency||2 issues per year|
|ISO 4||Find out here|
مصنف/مصنفین: Khan، Muhammad Ismail
Shah Waliullah pioneered the promulgation and publication of Ḥadtih in the Subcontinent. His immediate students and avid readers owned this sacred responsibility and brought forth this beacon of Ḥadtih in Khyber Pakhtunkhwa, posthumously. In the said region, not only a meticulous research has been conducted on assorted genres of Ḥadtih but also a profound work has been executed on its treatise. Especially, “The Ṣaḥiḥ Bukhari” has remained the focus for research and analysis. Besides, in madaris of Khyber Pakhtunkhwa, different sermons and oral disquisitions of the noteworthy religious scholars and Ḥadtih experts (specifically “Ṣaḥiḥ Bukhari”) have been recorded and published in several books and booklets. In this respect, the researcher has uncovered twenty seven published and non-published treatises. In this dissertation, the work of the eminent Ḥadtih scholars is collated, vetted and analyzed, while this introductory analysis is about the Ḥadtih books published particularly during the period ء1901 to ء2015. This research study will be helpful in realizing the arduous efforts and valuable services rendered by the experts in the field of Ḥadtih.
A judgeshould behonest,transparent, free and fair. He should always respect law. The question arises that if a judge who disrespects law and makes unbalanced decisions: as a result of which people get affected then will he or she be penalized? TheḤanafiScholars opine that if a judge passes a wrong decision intentionally, he should be penalized from his own property.Because in Islamic jurisprudence, judiciary owns a supremacy over the masses and everyone irrespective of the position is equal and has to obey law. Whether he is a judge or a commoner, he has to follow the rules and regulations as prescribed by law. In practice, Pakistani judges are not held responsible for making a wrong verdict. Our judgesmake judgments on the basis of already manipulated evidence. A judge bars himself from the responsibility of collecting evidence. Similarly, if a judge has developed personal grudges with the criminal then the criminal reserves right of appealing the higher court where the decisionis reviewedand rectified. In such situation, there is a compulsion between the legal maxim "وَالْأَصْلُ عَدَمُ الضَّمَان" and the Pakistani laws. However, Ḥanafi jurisprudence and Pakistani Laws are not in accordance with each other. This study concentrates upon the nature of punishment and tort to be appliedon judges in case of making a decision based on falsehood.It is suggested that Pakistan’s Judiciary should be reread as that thealready in-practice system does not comply with the standards ofIslamicteachings.
In this article, twelve scholars of District Haripur have been discussed for their significant contribution in Islamic sciences and various religious issues. The fact remains that District Haripur has remained the center for Islamic education wherein almost every school of thought has existed. In this article, those scholars are provided expression who despite been a part of some particular school of thought, have always encouraged intra-faith harmony. For example, "Al Ribat li Rad Hiyla al Isqat" by Maulana Mohammad Azam contains plenty of updated information on this issue. Similarly, another book called as "Mu'in-ul-'Aqaid” by Maulana Mohammad Hassan, provides grounds for rejecting the hypocrisy of society in a befitting manner. Before writing this article, a session was held with those scholars who are still alive whereas details of those dead were collected from their family members.
West generally blames the Muslim world on the grounds that it does not accede to freedom of expression. But in fact, Islam gave the right of freedom of expression for the first time in history. In Rome before Islam was introduced, the rulers used to enslave the masses. Greek ministers, Roman Catholic pastorates, Spanish Inquisitions and the ministerial experts used to rebuff the individuals who used to articulate unapproved religious perspectives. The British Parliament passed a Bill of Rights in 1689. This bill proclaimed the right to speak freely. It returned amid the French Revolution of 1789 which declared speaking freely as a natural right of each person. As indicated by Holy Quran there might be no impulse in acknowledgment of the religion which is also proved from Sunnah and through the actions of the companions of Prophet Muhammad (PBUH). Blasphemy law is a law related to blasphemy, or irreverence toward holy prophets, or beliefs or religious traditions. In the provisions of Article 18 and 19 of the U.N. Charter, no limitations were made for expression which has left the room open for the defamation on name of freedom of speech. According to Islam, maintaining the honor and respect of all people is essential for regional, national and universal peace. Any articulation which abuses peace, honor and pride of any individual, race, religious gathering or any minority assembly as a rule and so forth cannot be incorporated into the meaning of flexibility of articulation or freedom of speech.
Water symbolizes life on the earth. All kinds of existence depend on water. Allah has created great reservoirs of water on this earth which cater to the needs of all living beings, but human negligence is making these resources polluted. Pollution not only poses threats to human life, it also endangers marine life and resources. These threats have been increased manifold by industrial revolution and increasing human population. The same factors are also responsible for the increased use of water. Many countries have employed distillation processes to provide clean water for the increasing demands of population, agriculture and industries. Islamic jurisprudence also takes into account different types of water, some of which can be used in cleansing rituals for worship, while some cannot be used. The question arises whether the purified water by scientific process will be "Ṭahir & Muṭṭahir" and can be used for ablution and other Islamic rituals? Will Islamic Jurist accept it as "Istiḥalah"? The following study will outline the details of distilled water to see whether it can be used for daily chores and ablution rituals or not.
Islam always emphasizes to use legal ways and means of earning. In contrary the legal and illegal sources of income have been explained in detail. The “Right of invention” is one of the most discussed issues among the Islamic Jurists. This right is related to the intellectual skills and capabilities of people. However, internationally intellectual property is a known concept that associates with right of publication, right of trademark, patent and right of goodwill et cetera. However, research must be conducted on inquiring rights of intellectual property in Islamic Sharia and comparison of these rights with those in Western laws. In this paper the historical review of the intellectual properly has been presented. Similarly, those various types and concerned ruling have been discussed in contrast with the Islamic and western law on descriptive research methods.
The word "Ikhthilaf" refers to such an approach and way of conversation in which one scholar disagrees with another scholar. Islam being a perfect religion bars its followers from developing mutual conflicts. Islam has clearly stated that Muslim Ummah should not have differences on the basis of opinions in vivid injunctions. Such dissension has been placed nowhere in Islam. Disputes may only arise in case of secondary and vague injunctions. In such situations, each jurist considers himself as right. Such divergence, in the secondary issues based on argumentation and within the ambit of Qur’ān and Ḥadith, is not contemptible one but is the source of blessings due to the depth of knowledge of the jurists. Because of such conflicting opinions, jurisprudence and religious injunctions have the power of adaptability in accordance with the demands of the changing times. In the matters of jurisprudence, establishing consensus on the basis of argumentation must not lead to sectarianism, prejudice and hatred. True jurists have tried their level best to protect Muslim Ummah from sectarian disputes. Among such jurists we have Allama Alusī, the author of Tafsīr Rūḥ al Ma’ānī, as one big contributor. Tafsīr Rūḥ al Ma’ānī is the solid proof of his authentic and deep knowledge. It has a combination of reported sayings and exegesis of consents.
Error-free printing of Qur’ānic Text is a collective duty of all Muslims. The fact remains that Muslims have performed this duty with devotion and rightly. They also arranged sittings to discuss "Rasm" and " Ḍabt"(رسم اور ضبط) to understand the crux of matter and provide an expression to the most authentic text. No Muslim can intentionally commit any kind of mistake in the text of Qur’ān. However, such possibilities of error cannot be denied due to negligence and inadvertency. The Ministry for Religious Affairs has made it obligatory for all the printing institutions of Qur’ānic text to follow the model of the Qur’ānic manuscript, produced by Anjman Ḥimāyat-e-Islām, yet many Qur’ānic manuscripts with errors are present in the market. Such manuscripts are not only present in some mosques, but also recited. It causes problems in recitation of those verses and might changing the meaning of them. This article points out such scriptures and errors, so it can be identified and to take steps for preventive measures for such errors in future. This article also suggests some policies and strategies for publishing of Qur’ān for avoiding misprints errors.
Participatory Based Transactions in Sharī‘ah (Islamic Commercial Law) and Their Role in the Development of Rural Local Agricultural Sector in Khyber Pakhtunkhwa
Author: Saqib, Lutfullah, Muhammad Zia-ul-Haq
Local farming is, indeed, the most important sector of agriculture through which farmers grow food. However, owing to their weak financial conditions, they are not able to get maximum benefits from their labours for most of the times. The case of Pakistani farmers, particularly in rural areas of KP (Khyber Pakhtunkhwa), is not different in this connection. They frequently resort to formal and informal sources of financing to accomplish their basic agricultural requirements: both crops and non-crops inclusive. However, all these sources advance financing facility on interest basis. Being typical Muslims, such agricultural credit is, therefore, avoided by these farmers and, as a result, they always endure on their financial grounds. In such situations, some substitute arrangements are recommended to reciprocate with their problems. This alternative is offered by Sharī‘ah through various commercial transactions – among which participatory based transaction i.e. Mushārakah is the most suitable and important one. In the present work, various models are proposed on the basis of such transaction to fulfill various agricultural requirements of farmers, living in rural areas of KP. In addition, such models are structured in the light of basic theory, available in the classical literature of Islamic law, in order to make them more Sharī‘ah based rather Sharī‘ah compliant. The proposed models are then, at the second stage, tested at ground level to strengthen further their viability for all stake holders. Findings show that all agricultural requirements, particularly heavy machinery and transport, can be realized through such models provided if they are applied in their true spirit. Moreover, content analysis and focused group technique of qualitative research have been used, as a research methodology, for the investigation of the issue in the present work.
Author: Begum, Salma, Muhammad Tahir Mansoori
The article attempts to analyze the religious and legal practices inside Pakistan regarding the issue of the kitabiyyah mother and ḥaḍanah of any Muslim child. The discussion primarily addresses the major issues emphasizing kitabiyyah mother and her relatives’ right to retain the custody of the Muslim child, and duration of ḥaḍanah under the supervision of kitabiyyah mother in shari‘ah and Pakistani Family Laws. Furthermore, it argues that kitabiyyah mother is permitted to raise the Muslim child according to her faith under both Islamic and Pakistani Family Laws. The article is delimited to the opinions of four Sunni schools of thoughts, Statute law, and Case laws. Nonetheless, in-depth comparative analysis has been carried out in most persuasive way to examine the rules related to kitabiyyah mother in custody of Muslim child after divorce under both Islamic Law, and Case Laws in Pakistan. Additionally, the existing similarities and differences consequent to religious differences have also been appropriately figured out to point out plausible way forward to address prevailing schism. Contradictions between the legal practices and Islamic law need keen attention Islamic and legal scholars to carefully craft to harmonize both in the best interest of child.
Author: Ain, Ayesha Qurrat ul
The freedom of religion in communist China is an ambiguous notion as the communist party understands religion as a reminiscent of backwardness and simultaneously proclaims the freedom of religion in the country. Islam, religion practiced by Hui minority, is included among the recognized religions of China and its adherents are granted rights to follow it. This paper argues that the Communist party has employed a disguised policy of controlling religious belief through establishing state controlled religious organizations and imparting freedom to practice religion. The slow and steady mind-making through these institutions train Hui youth to withdraw from their religion and to facilitate this withdrawal, the previously extant correlation between Hui ethnicity and religion (Islam) has been eliminated by the state and Hui ethnicity has nothing to do with religious affiliation anymore. The data for this research has been collected through ethnographic research upon the Hui community of Xi’an, employing unobtrusive observation as well as intensive interviewing.
Author: Khan, Muhammad Tariq, Shiraz Khan, Muhammad Hayat Khan
Islam being a complete code of life encompasses all aspects of a person’s personal and social life. Islam considers those as Muslims who submit to the will of Allah Almighty in all aspects of life. Islam is not merely a matter of private life and its worship system is not restricted only to a set of rituals, but has pervasive social consequences and develops a strong sense of moral society based on system of rules around center of universal concept of justice. Therefore, Islam proposed institutions with relation to justice, governance, cooperation and solidarity for achieving high economic growth and development. Achievement of development and growth of economy is fast in a society or country if it has developed human capital (human resource). Human capital is developed when education is imparted and facilities of health and sound life are provided to human beings. According to Islamic principles, if human beings cannot afford proper education in the society (or other facilities such as health care) then those who are well off endow their properties in Zakat, Awqaf (plural of waqf) and Charities for their better development and nourishment. These properties when endowed as Awqaf are deployed for propagation of education (knowledge, skills, training etc.) by establishing Madrassas (schools, maktabs, colleges, universities etc.) libraries, translating books, and conducting research. In Islamic society there were many Awqaf founded for establishing Madrassas. This paper is dedicated to discuss the development of human capital through education funded by Islamic Awqaf by reviewing literature.
This research deals with the subject of Hermaphrodite and its provisions in the personal status, where in the first requirement of the concept of the Hermaphrodite between Islamic jurisprudence and Doctors, and found that there was a large consensus between the concept of the Hermaphrodite in the doctrine and its significance in medicine scientists, where they agreed that the collection between the reproductive tract of humankind. In the second requirement displays the search of the types of Hermaphrodite and the existence of an agreement between the Islamic Jurisprudence and the medicine scientists as a hermaphrodite two types: True hermaphroditism and Pseudo-hermaphroditism. A third requirement was to determine the gender of the Hermaphrodite where Islamic Jurisprudence adopted the external signs in determining sex, while the doctors relied on the clinical and laboratory testing, the external signs may be incompatible with the phenomenon as a result of the tests, so the reliance on virtual signs of Islamic Jurisprudence is not enough. The search then discussed issues related of personal status, where marriage is not allowed to Hermaphrodite until it becomes clear, also prevents the Khalwa. Hermaphrodite Legacy inherits the inheritance of the female and stops the rest of the heirs.
This research addresses Islam's view of the social ties that man creates by virtue of his living among the people or in which he borns as its member, and aims to answer several questions about the relationship of these social ties with the Islamic brotherhood bond that Islam has brought. Does Islam recognize the social ties? On which basis does Islam recognize them and why? What is their position in front of Islamic brotherhood? How does Islam invest these ties to achieve religious, psychological and social security? Are there any conditions that Islam has developed to recognize and nurture these ties? The answer to these questions comes through the Qur’ānic texts, the prophetic Hadiths and the events of the Prophet's biography, based on open and direct reference, and away from the ambiguous interpretations or weak evidences; in order to clarify this matter clearly, and to check the validity of the results of the study.
There are two major parts of Arabic literature i.e. prose and poetry. Arabic poetry has a great value among the critics and the literati. A series of seven poems known as Muʽallaqāt Sabʽa or ʽAšhara have a great deal in the Arabic poetry. These are the collection of seven or ten long poems that are considered as the excellent work of the pre-Islamic era known as Jāhilīya ages. These poems had been presented in the annual fair of Okaz on the occasion of pilgrimage and awarded to be the top class creative works. After that judgment, golden genres were written with silk and recited judgment, as well as taught consecutively up to date. The ancient Arabic literature is full of such like prized poems but the valuable position met to this compilation is unprecedented. Since the poets of these master pieces are among the most famous figures of the 6th century taken together, these poems provide a good picture of Budouin life besides its connotation of rhetorical semantics figurative devices are tricky during its studies. Metaphor, trope, allusive ironies, metonymies and many more colloquial figures of speech are to be observed in this renowned collection. This article deals with the rhetorical study of Muʽallaqa of Imru’ al-Qais, by identifying the magnificence of assimilation and critism on his poem, alond with the analysis and explanation of its objectives.
The concept of assertion has been playing a vital role in the linguistic to specify the meaning and nullify the uncertainties from the sentences. The numerous uses of assertion and its tools in Arabic language also played very significant role in interpreting the Qur’ān. Due to this reason rhetoricians and exegetists have much emphasized this phenomenon in their books and exegesis. One of the renowned books written by Abdul Qahir Jurjani is "دلائل الإعجاز" in which he mentioned its importance, principals and components in detail. The aim of this paper is to investigate the methods and stratigeis used by the great Muffasīr Abu Sa'ud, who tried to apply the rhetoric principals in his Tafsīr "إرشاد العقل السليم إلي مزايا القرآن الكريم" more emphasizing the phenomenon of assertion, its components, tools and importance in molding the concepts and meaning of the sentence.