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INTRODUCTION AND AUTHOR GUIDELINE FOR AL-UROOJ RESEARCH JOURNAL (ARJ)

Al-Urooj Research Journal (ARJ) is a refereed multi-disciplinary bi-annual academic and research journal of ZIIRT.


 

 زُلَیخَا معهد البحوث والتدريب الإسلامية الکراتشی ، باکستان 


INTRODUCTION AND AUTHOR GUIDELINE FOR AL-UROOJ RESEARCH JOURNAL (ARJ)

“اسلامی قانون سازی میں”شورٰی کا مقام اور دائرہ کار The Scope, and Jurisdiction of "Shura" In Islamic Legislation

ABSTRACT

This article is probing into the concept, and scope of Consultation-"Shura" in Islamic Law. Islam is a complete code of life and teaches us the principle of mutual consultation both in religious and every social issue. Allah Almighty gave special directions to His Holy Prophet in this regard and He complied with in letter and spirit. The life of Holy Prophet is full of such examples of consultative efforts. The Companions/"Sahaba" of Holy Prophet had also exercised this valuable and effective principle while they used to solve every social and legal issue. Through in this article, different dimensions and forms of "Shura" have been elaborated i.e.; optional, sovereign, private elected, selected, juristic and national level consultation or consultative councils/forums. It is also discussed that construction of "Shura"/ consultative council can be done by the method of election and selection or nomination discussing the merits and demerits of these methods. The jurisdiction of the Consultative Council / "Shura" is also an important area of this article concluded with; that "Shura" can only be held in the religious and social issues, for which there is no clear-cut legislation already present in the fundamental sources of Islamic Law-Quran and Sunnah. Suggestions for construction of "Islamic Consultative Council of Islamic State have also presented in this article, apart from them we request to all Islamic intellectuals to step forward for further ideas and suggestions so that we can improve this collective consultation process.

  • Published in Hazara Islamicus”, (Vol. 5, Issue 2, July-December 2016), 
  • Department of Religious Studies, Hazara University Mansehra, KPK, Pakistan.
  • [HEC Recognized “Y” category Journal]

  • http://www.hu.edu.pk/oldwebsitehu/webtest/files/journals/isl/HI%202016%20pdf/001.pdf



“اسلامی قانون سازی میں”شورٰی کا مقام اور دائرہ کار The Scope, and Jurisdiction of "Shura" In Islamic Legislation

AN INTRODUCTION TO PhD THESIS THE CONCEPT OF "IJTIHAD" AND "IJMA" IN ISLAMIC LAW AND THEIR PRACTICAL IMPLEMENTATION IN THE ISLAMIC LEGISLATION OF CONTEMPORARY ERA (2007-2014)


DIFFERENT OTHER ARTICLES AND BOOK PUBLICATION

Beside other 11 research articles, 17 different articles published and more than 10 books published. 

DIFFERENT OTHER ARTICLES AND BOOK PUBLICATION

شریعتِ اسلامیہ میں عقل کا مقام THE STATUS OF INTELLECT IN ISLAM

 ABSTRACT

This research paper aims to probe into the concept of AQL (Intellect), its status and importance in Islam/Islamic Law. This whole concept has been elaborated thoroughly under different headings and in points in order to leave no ambiguity in understanding of the topic. This research papers starts with the meaning of the word AQL and ends with freedom of thought in Islam. It also gives an insight into the parts and signs of Aql and then moves onto the scope and kinds of intellect. This research paper is not only restricted to the basics of Aql. It also deals with the relative concepts of Ta, Aqul, the perception of clash between Aql and Naql. At the end it provides the readers with conclusion that Islamic Sharia and Aql (Intellect) are interconnected. Thus Islamic Sharia is based on the combination of AQL (Intellect) and NAQL (Wahi-the divine teachings), which is the ultimate reality for the successful life of human beings and their final emancipation in hereafter.

KEYWORDS:  AQL- Intellect- Islamic Law- NAQL- Sharia.

Published in monthly Research Journal “MAARIF” Issue-March, 2013, Dar-ul-Musannefeen,

Shibli Academy, Azam Garh, India. (Page No. 215-228).

            URL:   http://shibliacademy.org/maarif     ,  http://shibliacademy.org/maarif/2013/mar

 


شریعتِ اسلامیہ میں عقل کا مقام THE STATUS OF INTELLECT IN ISLAM

امتدادِ زمانہ اور تبدیلیِ احکام، اسلام کے نظریہ تعقل و تدبر اور اجتہاد کے تناظر میں ایک جائزہ Islamic Sharia; an Effervescent Law: A Review In the perspective of Islamic Concept of Intellect

ABSTRACT

Under this article it is elaborated that Islamic Shari’a is an active and dynamic law and code of life capable to guide the mankind in every walk of life in every era under its principle of ‘IJTEHAD ‘and ‘intellectual process’. Except the matters pertaining to Iman and Worship, in all other areas of human life, legislation by human being is allowed and possible in the interest of public at large and to fulfill the aims and objectives of the Shari‘a. Islamic history is evident on this that on the ground of “IJTEHAD”, and in spite of “NASOOS”, the changed and new orders were practiced in the interest of public at large and to fulfill the aims and objectives of the Shari‘a.It must be clear that IJTEHAD is an intellectual process to have the solutions of problems arise in the modern era on the basis of principles laid down in Quraan and Sunnah, so that the interests of public at large could be secured and the aims and objectives of the Shari‘a be fulfilled. It is not the process of reconstruction of Islam. Actually it is the process just to correlate the society passing through the evolutionary steps and new circumstances with Islamic Shari‘a, that is an integral part of Islam.It is also clarified in this article that this new version of legislation in spite of   already present “NASOOS” is not the change in “NASOOS”, but it is just a further explanation required as per need of time which is in the best interest of an individual and public at large. It is the dynamic aspect of Islamic Shari‘a, which makes it prominent amongst the other Shara’i.

KEYWORDS: Sharia, Aql, Ihkaam, Islamic Law, Tabdeeli, Ijtehad.

 Published in “Maarif Research Journal” issue-6, July-December, 2013, Pakistan Research Society for Social Sciences, Page No. 59-74, [Islamic Research Academy, Karachi Pakistan.]

URL:  http://irak.pk/mrj/issue-6/  http://irak.pk/the-shariah/      [HEC Recognized “Z” Category]



 



 



امتدادِ زمانہ اور تبدیلیِ احکام، اسلام کے نظریہ تعقل و تدبر اور اجتہاد کے تناظر میں ایک جائزہ Islamic Sharia; an Effervescent Law: A Review In the perspective of Islamic Concept of Intellect

حکم رانوں کا عدالتی استثناء: اسلامی تعلیمات کی روشنی میں ایک جائزہ JUDICIAL IMMUNITY OF RULERS: AN ANALYSIS IN THE LIGHT OF ISLAMIC TEACHINGS

ABSTRACT

This research paper aims to probe into the concept of Adl/Justice, its status in Islam and to prove that the prevailing concept of judicial immunity of the state rulers, that it is totally in just and against the teaching and traditions of Islam. In our society justice is confined only to courts but it is a very comprehensive and multidimensional process covering all walks of life of human being. It has been one of the important objectives of the Prophetic Mission to establish the complete justice in the societies concerned. Injustice and brutality in the society was one main cause of the destruction of the previous nations. Unconditional justice is extremely vital for the establishment of peace and survival of the society. In Holy Quraan and Sunnah it is highly emphasized on justice. Islam does not accept any sort of judicial exemption to any one and enforce the law on every one without any discrimination. Islam and Sharia Law is above all. There are abundant examples of court trial of Muslim Rulers including Khulfa-e-Rashideen that they appeared personally in front of court and fulfill the requirement of law. Rather than the Non-Muslim world, in Islamic World, there is law of judicial exemption of the rulers. It is completely against the Islamic Sharia and is open joke with teachings of Allah Almighty. Islamic Sharia is above all for a Muslim. Muslim intellectuals and the men of power should think on this, seriously and try to repeal all these anti Islamic and in just laws so that our countries become peaceful places and be examples for Non-Muslims too.

KEYWORDS:  Justice, Judicial immunity, State Rulers, Quraan, Sunnah,

Published in Quarterly Academic and research journal “TEHQIQAT E ISLAMI”  

Issue-April-June, 2014   ,Idara Tehqeeq- WA- Tasneef Ali Garh, India. (Page No. 39-54, 124)

URL:  http://www.tahqeeqat.net/PDFs/2014-2/index.html

http://www.tahqeeqat.net/PDFs/2014-2/index.html#40



حکم رانوں کا عدالتی استثناء: اسلامی تعلیمات کی روشنی میں ایک جائزہ JUDICIAL IMMUNITY OF RULERS: AN ANALYSIS IN THE LIGHT OF ISLAMIC TEACHINGS

اسلام کا تصورِ تقنین و تشریع ISLAMIC CONCEPT OF LEGISLATION AND TASHREE

ABSTRACT

 ALLAH Almighty is the absolute authority in legislation. His principle commandments exist in every walk of human life. The Islamic Sharia is quiet in some of the areas of human life. Here it seems that the Shar'e / Law giver wants human beings to deploy their wisdom and intellect to chart out the laws and legislations compliance to the times and compatible to the basic principles of Islam. The main motive behind bringing this paper into the light is to advocate the idea said above while mentioning the concept and intellectual process of "IJTEHAD" and "IJMA", as sources of methodology and basis for Islamic Legislation. It gives an insight into the Islamic terms; "FIQH","HUKM","HIKMAH","SHARI'A", "TASHREE" and "TAQNEEN". This paper is not only limited to the basics of Islamic Legislation but it also deals with the basic aims and objectives of Islamic Legislation ["TASHREE"]. This paper concludes with providing the readers that Islamic Sharia / law aims to regulate, control, reform and emancipate human beings not only here but finally in hereafter too. Islamic Sharia is based on the combination of Intellect and the divine injunctions [AQL AND NAQL (WAHI)] and it is the ultimate reality for the successful life of human beings and their final emancipation in hereafter.  

KEY WORDS: Islamic Legislation- Ijtehad-Ijma-Fiqh-Tashree-Taqneen.

Published in Biannual Research Journal,” Al-Ayyam’’ Society for Research in    Islamic History, Karachi. Issue-10, July to December 2014Page No. 77-100   [HEC Recognized "Z" Category]   

                                           

                               

   



اسلام کا تصورِ تقنین و تشریع ISLAMIC CONCEPT OF LEGISLATION AND TASHREE

قانون سازی میں عدلیہ کا کردار The Role of Judiciary in Legislation

ABSTRACT

Justice and Judicial System are integral parts of each other and Law is basis for this system. Although Judiciary aims substantially not to legislate, it cannot be aloof from the legislative process.  In  many  casesjudges  have  to  formulate rules and regulations during the trial of cases where statutory law  is  quiet  or  there  is  any  flaw  in  the  prescribed  law. Moreover, judges are to supervise the statutory laws as well as to interpret laws and statutes on many occasions.  In future, these judicial rulings can be used as legal precedents. Hence Judiciary has three types of role in legislation i.e., original and direct role when there are no existing statutes and laws; interpretational role when some ambiguous statutes/laws need judicial interpretations; and, the role to supervise statutory laws  enacted  by  the  legislative  forums/  constitutional assemblies.  So Judiciary has an important role in the legislative process.

KEY WORDS: Justice-Judiciary-judicial-rulings-rules and regulations, Legislation.

Published In Quarterly Academic and Research Journal: “TEHQIQAT E ISLAMI “Idara  Tehqeeq-wa-Tasneef Ali Garh, 

 India. Issue, April-June, 2015Page No17-27,123.   URL:   http://www.tahqeeqat.net/PDFs/2015-2/index.html

http://www.tahqeeqat.net/PDFs/2015-2/index.html#18      


قانون سازی میں عدلیہ کا کردار The Role of Judiciary in Legislation

Unity of Muslim Ummah, its Need, Importance, and Suggestions

Abstract

 

No doubt unity and consensus has a miraculous role in developing a nation and achieving their higher goals. Muslim's unity is a major and undeniable reality of the time. The increasing sectarian ethnocentrism has spattered and blemished the fundamental Islamic teachings. Today's Muslims are suffering from numerous problems, and the basic reasons for their plight are i.e. sectarian hatred, creed prejudices, lust for power, intolerance and many other materialistic interests. All these things have combined to confirm falling for Muslims, which deprived them of their honor, dignity and power. On the other hand the enemies of Muslim are united and they are fully aware that their strength lies in the weakness of Muslims. Hence they are engaged in making conspiracies to divide Muslims. Historically, it is proved that sowing germs of disunity and disintegration among Muslims has been a very old and an effective tool of Jews and Christians. Where as the Holy Quran warns us to be united and to remain aloof from them. God also commands Muslims to observe patience and retain unity among them by following the principles of piety and brotherhood. It is possible only when Muslims involved in "fraternity" with broadmindedness. At the same time, it remains the core responsibility of the Muslim rulers to play their role in this connection.  

Keywords: Unity, sectarian, Islamic teachings, Muslims, Holy Quran


International Multilingual Journal of Contemporary Research, American Research Institute for Policy Development USA,  June 2015, Vol. 3, No. 1, pp. 26-32.


http://imjcr.com/journals/imjcr/Vol_3_No_1_June_2014/3.pdf




Unity of Muslim Ummah, its Need, Importance, and Suggestions

سُنت کی مختلف جہات اور شریعتِ اسلامیہ میں اس کا مقام The Different Dimensions of "Sunnah" and its Status in Islamic Law: A Review

ABSTRACT

In this article, “Sunnah” and its different dimensions and scope have been discussed. Islamic Sharia has two basic sources; Quraan and Sunnah of Prophet. It is apparent that the Holy Personality (Prophet), who has been bestowed with divine teachings, knows best the real aim and objectives of these revelations. So it is impossible to understand Islamic Sharia without the understanding of Sunnah of the Holy Prophet. It explains the teachings of Allah Almighty-Holy Quran and makes those issues explicit on which Holy Quran is quiet and implicit. Moreover, Sunnah offers permanent laws and guideline for such issues. A big volume of Islamic Laws comprises and or concluded from Sunnah of the Holy Prophet upon which the whole Muslim Ummah have consensus (Ijma). In this article it is also highlighted that it is too much necessary to keep into the consideration, the situational and timely demands of any matter regarding Sunnah when someone tries to deduce some rules and regulations from it because a lot of narrations concerning to the Holy Prophet have its situational, logical and circumstantial scenario. Without knowing and understanding context one can’t go through the real aims and objectives of any injunction present in Hadith and practice (Sunnah) of Holy Prophet. Otherwise one may commend any kind of wrong decision and conclusion. In short without knowing Sunnah of the Holy Prophet we can’t exercise and practice Islamic Sharia. It is evident, both hypothetically and rationally. 

Key Words: Sunnah, Sharia, Law, Prophet.

Published in JIHATUL ISLAM”, [Vol. 9, issue-1; Jan-June, 2016, Pages: 55-80], Faculty of Islamic Studies, University of Punjab, Lahore, Pakistan.      

[HEC Recognized “Y” category Journal]



سُنت کی مختلف جہات اور شریعتِ اسلامیہ میں اس کا مقام The Different Dimensions of "Sunnah" and its Status in Islamic Law: A Review

اجماع کا وقوع اورحُکم Incidence of Ijma/Consensus and it's Legal Position: A Review

ABSTRACT

Ijma is an important mode of
Ijtihad and well known principle of Islamic Sharia. Historically it is evident that incidence of IJMA/Consensus restricted only to four Caliphates of Islam only. Many jurists and scholars denied its incidence absolutely and some others have been of the opinion that it is only restricted to Medina, Basra, Kufa. Some restrict it to Ahl-e-Bait only. In this paper it is concluded after the academic discussion and analysis of the opinions of many experts of Islamic Jurisprudence; 1-Actually the consensus on many legal issues in the period of companions of the Holy Prophet was with mutual consultation and basically it was the "Collective Ijtehad", which had been known as "IJMA" at that time. The term "Collective Ijtehad", was not in use at that time.2- This Collective Ijtehad and Collective Opinion was actually the decision of the Islamic State followed and obeyed by
the all Muslims specially by "SAHABA", so why it's called Ijma-e-Sahaba.3- These decisions were applicable and binding to all Muslims living elsewhere in the world, because at that time there was centralized ruling system (Khalafat-e-Wahida).4-Now Muslim world has split into many states, so every state has its own decision making institutions and hence such Ijtihad and Ijma/Islamic Legislation Activities should be validated within those states as Ijtihad and Ijma except issues relevant to general interest as whole human being and all Muslims. In such issues International level consensus of Islamic Jurists would be required. In the paper it is also concluded that "Collective iIjthad" should be dealt as "IJMA", actually it is the same processes. More over any "Ijma" / Consensus held in a time period can be revoked by any new situation in future as per requirement of the time. It is the inevitable demand of dynamism of Islam to correlate it to every need of the time.

KEY WORDS: Islamic Shari'ah, Jurist, Jurisprudence, Ijma, Ijtihad.

Published in “Maarif Research Journal”(MRJ), issue-12, July-December, 2016, Islamic Research Academy, Karachi، Pakistan. [HEC Recognized “Z” category Journal]



اجماع کا وقوع اورحُکم Incidence of Ijma/Consensus and it's Legal Position: A Review

اسلام میں جُرم کا سدِ باب: اسلامی حدود کے تناظر میں ایک جائزہ The Deterrence of Crime in Islam: A Study in Perspective of "Islamic Hadood"

ABSTRACT

The existence of crime in human society is a natural thing. Islam urges people to stay away from persecution and criminalization through his teachings and motivates them to lead a peaceful life. The peace is of fundamental importance in Islam, as the word "Islam" includes the concept of peace and security within itself. It is also a historical fact that evil cannot be finished because the devil has been given chance until the day of resurrection. Definitely, it is possible to suppress evil and to end its sources so that it can't be spread. Whereas Islam prevents the crime through the option of incentive and advice on the other hand according to Islamic law a man/woman is worthy of punishment if he/she commit any crime. Although Islam has inspired a person to forgive although he/she can take avenge as well. Islam has prescribed severe penalties (Hadood) for specific offenses keeping the remaining all possible criminal penalties (Taazir) on the judiciary. In Islamic law, the term "Hadood" (singular 'Hadd') is used for the punishments of fixed type of crimes. This concept and system of punishment aim to prevent the crime in the society so that human societies can live in peace and tranquility of life. After discussing the literal and technical meaning and the usage of the term 'Hudood' in Quran and Sunnah, under this article it has asserted and clarified that Islam has developed this system of "Hudood" for society to prevent the crimes and to enable the society to be peaceful and prosper.                                 

Keywords: Crime, Hadd, Islamic Law, Qur'an, Hadith.

Published in “Al-Urooj Research Journal” (ARJ), Volume 1, Issue-1, page 57-69 January-June 2017, Zulekha Institute of Islamic Research and Training (ZIIRT), Karachi، Pakistan.



اسلام میں جُرم کا سدِ باب: اسلامی حدود کے تناظر میں ایک جائزہ The Deterrence of Crime in Islam: A Study in Perspective of "Islamic Hadood"

:پاکستان میں بدلتے ہوئے موسمی حالات کے تناظر میں شجرکاری کی ضرورت و اہمیت اسلامی تعلیمات کی روشنی میں ایک جائزہ The Need and Importance of Plantation in Perspective of Changing Climate of Pakistan; A review in the light of Islamic Teachings.

ABSTRACT

Under this paper, it is illustrated that no reasonable person can deny the importance of forests in human life. Life cannot be imagined without plants. Unfortunately, Pakistan ranks third among those eleven countries where climate changes affecting the environment. In the name of progress, we have gifted a rapid deforestation. We should plant new forests so that the yield of flowers, plants, and honey can be obtained on a large scale. The most merciful Allah had bestowed the streams and gardens upon the primitive nations but when they turned their backs of the divine teachings, Almighty Allah took back His blessings from them. Trees are declared as the divine blessing in the Quran. The Holy Prophet (P.B.U.H) declared the plantation as an eternal benefit. Not only this but in His Madinite period, He set many granaries where the fodder for horses and camels was also provided and trees were also planted.  The government and the forest department should create awareness of the importance of forests, and facilitate them in the plantation. Especially Children should be taught the importance of trees. Botanical research should be welcomed and encouraged. We should keep in our mind that we exist if forests exist in the world.

KEY WORDS:   Plantation, Forests, Climate changes, Deforestation, Botanical Gardens 

Published in “Al-UroojResearch Journal” (ARJ), Volume 1, Issue-1, page 6-38 January-June 2017,Zulekha Institute of Islamic Research and Training (ZIIRT), Karachi،Pakistan.



:پاکستان میں بدلتے ہوئے موسمی حالات کے تناظر میں شجرکاری کی ضرورت و اہمیت اسلامی تعلیمات کی روشنی میں ایک جائزہ The Need and Importance of Plantation in Perspective of Changing Climate of Pakistan; A review in the light of Islamic Teachings.