Law and Legislation

Introductory Remarks During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense. Definition of Codification of Law According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law. Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole

Introduction Law is define as a set of rules, regulations and restrictions that apply to all members of society.   Law  define how people should behave or conduct themselves, and provide sanctions and deterrents against improper and destructive behavior. Law provide the social boundaries of a society. These boundaries is varies from country to country and culture to culture of the society. In below we will discussed the law in details and its various types of laws and kinds of rules by a sovereign.  Definition Law  is a system of rules that are created and enforced through social or political institutions to regulate behavior of the people living in a society.  Type of Law Sir John Salmond ( English Jurist) refers to eight kinds of law. Imperative Law Physical or Scientific Laws Nature or Moral Laws Customary Laws Technical or Practical Laws Conventional Laws International Law Civil Law Imperative Law According to John Salmond : Imperative law means

Introduction Any concept of state or any society does not exist without justice. George Washington said the administration of justice is the firmest pillar of the government. Law exists to bind together the community. It is sovereign and cannot violate with impunity. The most essential function of the state is basically two. War and Administration of justice. If a state is not capable of either one or both of these functions they cannot be called a state. Meaning and Definition of Justice If we define the term 'Justice' means, "Fairness in the protection of rights and punishment of wrongs". So according to Salmond "Administration of justice implies the maintenance of rights within a political community by means of the physical force of the State".   The necessity of the Administration of Justice In the word of Jeremy Taylor: "A herd of wolves is quieter and more at one than so many men unless they all have one reason in then or have

Introductory Remarks: Islamic state is a welfare state, in which the relationship of ruler with subjects is threefold; a Wakil (agent) of its subjects in dealings with other states; as a Wali (guardian) or protector of interests and wellbeing of people; as a Shareeq (partner) in thick and thin, happiness and sadness. The legislative powers of an Islamic state are subject to rules embodied in Quran and Sunnah. where the executive head is bound to establish Deen ; Although he appoint the judicial head of the state, but one appointed there is complete separation of powers between the two and the head cannot refuse to appear before Qazi , if so required. Concept of State: State has four elements Population Territory Government  Sovereignty Islamic state is a state in which the sovereignty vests in Allah and government is run by the representative in the name of Allah, as a sacred trust, who is fully responsible to people. The objectives of Islamic state include; obedience t

Taqleed: The doctrine is recognized by Shia School while Sunnis do not recognize it. Taqleed means following the opinion in matters of conduct. The word Taqleed is derived from the word " qala'dah " which is an ornament tied around the neck or it is the strap that holds the sheath of the sword and is usually swung around the shoulders. In its technical sense, Ibne Hujj define Taqleed as  "Acting upon the word of another without hujjah" The word, 'hujjah' is interpreted differently by different jurists, some say that it means following someone when Shari'a has not given permission, which makes it illegal and others say that it means when a person asks a jurist for an opinion, he should not ask him about the basis of his opinion and should follow without question. Shias prescribe following qualifications for a Mujtahid, to be followed (termed as Marja'i Taqleed) as far as Taqleed is concerned:- He must be aadil (Justice). He must al

Introduction: Sunni schools agree that for the matters not expressly dealt with in the Texts, along with Ijma, the law can be deduced in those matters by the help of Qiyas. Sunni jurist do not admit that extension of law through Qiyas amounts to innovation, as Shia authorities consider. Simple, Qiyas is a process in which reason of a text is applied in a particular way to find out the solution or law in this regards. As a source of law it is subordinate to Quran, Sunnah and Ijma because these are provide base for the original case or authorities in deducing law through Qiyas. Qiyas Meaning and Concept: Literally Qiyas means "to measure or measuring one thing in terms of another".  According to Hanafi Jurists, Technically it is an extension of law from the original text to which the process is applied.  According to Maliki school of thought, The accord of a deduction with original text in respect of the illat or effective cause of its law.  According to Shafai ju

Introduction: When there is no express rule or text on a matter in hand, rational sources come and play their role, in which a person or a group of qualified people try to resolve the issue as per their knowledge of Shari'a. However , it must be kept in mind that all those questions which have been resolved by Ijma are out side the scope of Ijtihad. Here we will try to understand the precise rules and qualification relating to Mujtahids, along with role of Ijtihad in modern era, where all legislative functions have been within state's jurisdiction. Ijtihad Meaning and Concept: Its is derived the word 'Ijtihada' which literally means, "to extract". As term of jurisprudence it is a lawyer's exerting of the faculties of mind for the purpose of formulating an opinion on any point of law. As per Fayzee (Shia Scholar )  "It is exerting one's self to the utmost degree to attain an object"  It may be define as, "The total expenditu

Introduction Man continues to grow intellectually and culturally. Hence, his surroundings and environment also change continuously and if rules remain static, they can never come for solutions of newly emerged problems. So many reform that were brought about in the society were gradual; to facilitate the adoption of new norms by the subjects, as an abrupt change in society always leads to disorder, rebellion and anarchy.Therefore, prohibition of intoxicants was revealed in stages. The theory of abrogation does not imply that there is a contradiction in the Quran, since it is possible to follow all the verses at the same time. Those who quote the wine example to show contradiction must consider this example. In the below, we will discuss the meaning and definition of Abrogation, classification of abrogation (Naskh) and different example of abrogation. Meaning and Concept of Abrogation In Arabic, equivalent of abrogation is , 'Naskh', which means obliteration or transfer

Introduction: The second primary source of Islamic law is traditions of Holy Prophet (PBUH). It includes Hadith as well as Sunnah. Hadith means saying of Prophet (PBUH) and Sunnah means path or they way, a manner of life, practices of Holy Prophet (PBUH). Both of these terms are different in meaning, but they are the same when used for the sayings or the precepts of the Holy Prophet (PBUH) and include sayings, deeds, all actions, conducts and implied acceptances of Prophet (PBUH). Quran and Sunnah are part and parcel of each other and constitute one complete whole. Sunnah is included in the basic and fundamental sources of Islamic divine law following Quran. "One who obeys Prophet   (PBUH) obeys Allah " (Al-Nisa : 80) Hadith & Sunnah - Meaning Of: Generally, People believe that the terms of Hadith and Sunnah connote the same meaning; they regard generally the precepts of the Holy Prophet (PBUH) as Hadith or Sunnah. The concept is not altogether correct. Hadith