Law and Legislation

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

Introduction: Holy Quran is the Book of God and contains the direct revelations from Almighty. As there are always two sorts of legislation i.e. formulative and interpretative, the former contains the formation of new rules which were never prevalent and the later introduce new rules which are modification and interpretations of already existing rules. Holy Quran is the main formulative source of Islamic law. Most of its verses containing law were revealed with reference to cases which arose during the lifetime of Holy Prophet (PBUH). We have revealed this book and no doubt We are its protectors.                                                                               (Al-Hijr : 9) Quran - Meaning and Definition: Basically the term Quran is used in two meanings As participle i.e. 'To read' As object i.e. 'a thing, which is read' Technically both these meanings are attributed to the Quran. It is also known as Al-Furqan, which means to show

Introduction: The concept of ownership is one of the fundamental juristic concept common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, its is pointed out that it is not the right method. Historically speaking, the idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The  idea of ownership followed the idea of possession. In the below we will discussed the actual definition and meaning of ownership, essential of ownership and various forms of ownership. Definition and Meaning of Ownership: The right of ownership is a conception clearly easy to understand but difficult to define with exactitude. There are two main theories with regard to the idea of ownership. The great exponents of the two views are Austin and Salmond. According to one view, ownership is a relation which subsists between a person and a thing which is subject of ownership. Accord

Introduction It is commonly said that all questions which arise for consideration in a court of justice are of two kinds. They are either question of law or question of fact. It has been very difficult to define the exact difference between the law and fact. In the below we will discussed about the question of law,  question of fact and mixed question of law and fact. At the end we concluded how a court decided and takes decision from law according to facts. Question of Law Question of law is defined as  "It  is a question which must be answered by applying relevant legal principles, by an interpretation of the law. " According to Salmond; the term question f law is used in three distinct senses Question determined authoritatively answered by the law Interpretation of statutory provisions Questions to be answered by the judges Question Determined Authoritatively Answer by the Law: In the 1st place, it means a question which the court is bound to answer