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#1
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Topics of Muslim Law required:
salaam,
for the preparation of my fpoe exam, i require the following topics: 1) difference between hadd and tazir (preferably tabulated) 2) sources of law in islam (one paragraph on each source) 3) difference between qazf and lian (preferably tabulated) i would be grateful to anyone who could post them for me. regards, |
#2
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W.Salam
I will try best of my knowledge to answer these questions 1-A, Had *It is the punishment prescribed as a right of Allah, both quantitatively and qualitatively. *Hudood are mentioned clearly in Quran and Hadees, on which act it would be implemented and how to be executed. *No one at any time cant change it(Tradition about Hazrat Umar R.A that he temporarily lifted the punishment of amputation for a theft), it was specified with special event, reason was famine, secondly he imposed the condition that only that person would be released who stole for survival not for hoarding. *conditions of implementation could not be changed in any circumstances e.g: Who is liable for stoning due to adultery, and the evidences which are mandatory against the allegations would remain the same in every state and case. Ijtehad could be done as in the case of Umar R.A **Acts resulting in hadood are 1-Adultery (Different hud for married and single), (24:2) 2-False allegation of Adultery 3-Drinking (Some used to include it in Tazeerat as quantitative hud is not mentioned in quran and I think neither in saheeh hadith) 4-theft (5:38) 5-bloodshed (Qisas and Blood money)(2:178) 6-Apostasy & 7-Rebellion 1-B,Taazir *A corrective measures for which no huds have been laid down in the shariah *3 Kinds 1-Punishment for crimes (forbidden by shariah but hud is not entitled 2-punishments for offences against public interest 3-for misdemeanor *e.g: on adultery all schools of thought are unanimous on stoning or lashes but for a single(un married) with lashes is expelling from country is also a hud or tazeer? Mostly jurists says that it is tazeer depending on the verdict of court *Tazeer could be changed by time, Drinking is an example of it as in some Traditions it is found that drunk were lashed but the number of lashes were different in different cases, this is the reason some jurists entitled drinking to tazeer 2-Sources of Islam there are four sources of Islam 1- Quran it is the first source of Islam, 5:3, 2:2, 2:185, the only heavenly book which is in its original form, From Allah to Prophet through jibraeel, no one can doubt the three, it is completed in the life of prophet and written and memorized by Companions, umme warqa among the female companions were hafiza, words and meanings both from Allah 2-Hadith Prophets words are same in value as of Quran, it is the exegesis of Quran, difference is that in Traditions worthiness of hadith could be criticized as different categories of Hadith are developed and different Ulum were developed like Usul e Hadith for check and balance of Ahadith, 53:3&4 Nahal:44 Nisa:80 Hashar:7, 3-Ijma Consensus of opinions literally it means acceptance of certain idea unanimously, Yunas:71, Defination is Unanimous decision by jurists of same era after the demise of Prophet, Conditions 1- the consensus must be among the jurists 2- among all the jurists of the time 3- All should be muslim 4- After the consensus no one could offend 5- the verdict must be about the islamic issue for instance consensus of Mujtahids for medicine would not be entitled as Ijmaa 6- Without Shari evidence ijma could not take place It is of two types 1- sareehi and Sakooti 4-Qiyas literally its mean to compare one thing with an other or weigh one thing with another. Prohibition of Drinking is clearly mentioned in Quran and Sunnah but of Heroine or Opium? So we have to qiyas it on Drinking. Certain Features and Conditions of Qayas parts of Qayas (Qayas is a work, verb) Maqees alaih, original matter with which the object (opium) have to be compared (e.g: Drinking in above example) Maqees (Opium) illat (e.g: Intoxication which is a similarity between drinking and opium) hukam (Haram in above example), In fact basic original sources are two Quran and Hadith, all others are the subordinates or branches of Base, for Instance some of the jurists prefer istehsan instead of qiyas etc, but as per syllabus or norm 4 are usually described
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Janoon say or Ishq say milti hay AAZADI |
#3
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Qazaf: 24:4
*literally its mean to make false allegations. *Definition: If a person alleged some which causes a disgrace for him in society, If the allegations turned false the person makes a Qazaf, *hud of Qazaf is 80 lashes *Doer of Qazaf would be held non eligible as a witness in his whole life, even he repentance from Allah, that is his matter with Allah but in community he could never appear as a witness. Lian 24:6-9 *It literally means Mutual Imprecation, *Only husband and wife qazaf is termed as lian *It is the result of Qazaf of Husband on her wife or vise verse, *When any of them make allegations of adultery on the partner, they have to prove it by 4 witnesses as it is in most terms impossible so they have to take oath 4 time that what he/ she said is true and 5th time he/ she have to invite Allah's wrath on the liar. *As a result of Lian They can never become husband and wife in their life again under any condition, and Qazi/ Judge/Arbitrator have to separate them after the mutual imprecation.
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Janoon say or Ishq say milti hay AAZADI |
#4
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book for muslim law
i am preparing muslim law for css 2012.kindly let know which book is best for its preparation?and important topics too.thanks
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#5
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I am also the passenger of same fleet, D.F Mullah's book is help worthy, topics are collected by our kind seniors you may explore the threads in this topic and will have enough information.
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Janoon say or Ishq say milti hay AAZADI |
#6
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salam sir,I am totally new here and going to appear in css 2013,I don't have any idea about this examination even (didn't know much about css) I filled my from just two days before my English is not up to standard level,I didn't appear css examination before ,so could you please help me what should I do for this examination ,especially for English,so please tell me how should I practice for eassy writing If you give me some useful suggestion I will be thankful to you,thanks
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#7
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Quote:
Muhammadan Law - D.F Mulla Muhammadan Jurisprudence - Abdur Rahim Islamic Jurisprudence - Imran Ahsan Khan Nayzee
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"Our Greatest Glory is not in never failing, but in rising up every time we fail." |
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