Law

The Nature of Human acts,A Detailed Exploration

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act and its types

Understanding Human acts: The Basics An act is something a person does on purpose. It is under their control and comes from their own will or desire. For example, when you choose to raise your hand or walk somewhere, these are acts because you decide to do them. act vs. Event  act:  Done intentionally (you … Read more

Sources of Islamic Law, 04 Primary sources of Islamic Law

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Sources of Islamic Law, Primary source of Islamic law

Sources of Islamic Law There are two types of sources of every legal system, primary source and secondary source. The classification of the sources of Islamic into primary and secondary is nothing more than about a collection, and combined effect of certain attributes that are identified by different jurists for different sources. Different between primary … Read more

Introduction to Constitution ,11 Salient Features of the UK Constitution

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Salient Features of the UK Constitution

Feature of UK Constitution

Before going to the Feature of United Kingdom Constitution first we should know what are the constitution and why do they matter?

What are the constitutions and why do they matter?

The term “Constitution” refers to the body of principles, rules and laws that establish and underpin a political system in a country. The constitution creates and defines the powers of different political institution and determines how they should relate to each other. It sets the limits of these powers regulate the relationships between the state and its peoples.

Constitution place both things’ limitations and obligations on governmental organizations in their relationship with the citizens, and provide opportunities for the public to influence the political process.

Constitution of United Kingdom

The Constitution of UK is unique in nature and has provided inspiration to other all constitutions of world. The object of the constitution is to provide justice and to take up against issues related to violation of rights. Every law passed in Britian has constitutional significance and every judgement passed become question.

Salient Features of United Kingdom (UK) Constitution

Following are the salient features of the UK constitution.

  1. Unwritten Constitution

The UK constitution is unwritten in nature but it does not imply that all of its part are unwritten. It means that constitution has not been written in a single document. Some of the components are in written from such parliament act of 1911 etc.

  1. Flexible constitution:

Another feature of UK constitution that is flexible constitution and the parliament can amend it by a simple majority by making alterations in the statutory law.

  1. Unitary

Power is concentrated in parliament. The state is unitary and there is no define written constitution controlling power of central government. All powers of the state is concentrated in the hand of single government for the country.

  1. Bicameralism:

The UK parliament consist of two house, House of Lords and House of commons. The House of commons is a popular chamber whose members are directly elected by the people while the house of lords is basically a hereditary chamber and its members are nominated by the king or Queen

  1. Supremacy of the UK Parliament:

One of another features of UK Constitution that is complete supremacy or sovereignty. No law enacted by the parliament can be challenged in the court. According to De Loeme “British Parliament can do everything except to make a man into woman”

  1. Constitutional Monarchy:

From the constitutional point of view, the crown is the repository of the entire authority of government in Britian. Queen is the Head of State, and all acts of government are undertaken in the name of Queen.

  1. Independency of Judiciary:

The UK constitution guarantees the independence of the judiciary, in British constitution there is independent judiciary. Judges are bound to obey and respect constitution. Judges are independently making the decision under court.

  1. Rule of Law

UK constitution provider rue of law. All are equal in the eyes of law, if any one violates the law, he/she should face trial of the case in the Government and no person is given imprisonment until his offence proved in the court.

  1. Limited Separation of Power

In British, there is limited separation of power. There is concentration of political power in the parliament. Every institute will be work within his limits.

  1. Two Party System

In United Kingdom there are two parties. Two party system is very important in any democratic system. It is against the dictator ship. Two parties are

  • Conservation Party
  • Labor Party

  1. Mixed Constitution

One of the best qualities of the British constitution that is, the British constitution is a mixed constitution. UK constitution is the mixture of monarchial and democratic.

Conclusion.

The British Constitution is a unique and dynamic system that balance tradition with modernity. Its salient features including, its unwritten nature, flexibility, parliamentary sovereignty, and rule of law make it both distinctive and enduring.

 

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An Introduction to Islamic Jurisprudence / Fiqh, according to 05 Muslim Jurists

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Islamic Jurisprudence

Introduction to Islamic Jurisprudence

The foundations of Islamic Jurisprudence / Islamic Law originated over 1400 years ago. Islamic Jurisprudence aggregate of two words: “Islamic” and “Jurisprudence”. Islamic mean “Islam” and Jurisprudence mean “Understanding of Law, Philosophy of law science of law.” So, the Islamic Jurisprudence mean “Understanding of Islamic Law”.

In Technically sense, Islamic Jurisprudence mean branch of knowledge which defines the basis source of Islamic law and explain the methodology of interpretation of these sources. In Arabic the term “Usul-ul-Fiqh” is considered similar to Islamic Jurisprudence.Islamic Jurisprudence

What is Usul-ul-Fiqh /Islamic Jurisprudence?

Usul-ul-Fiqh is composed of two terms, “Fiqh and Usul. First we should know the definition of these constituent part, the jurists combine the two parts, in final definition. So, first the term Fiqh.

The Literal Meaning of Fiqh.

The term Fiqh is used in the literal sense to mean “understanding” and “discernment.”. In this sense “Fiqh” and “Fahm” are synonymous. In General, it means an understanding of Islam.

The meaning reflected in the word of the holy Prophet (P.B.U.H):

من یرداللہ بہ خیرا یفقھہ فی الدین

He for whom Allah wills his blessings is granted the understanding of Din/Islam.

Earlier General Meaning of Fiqh.

The word “Ilm” (Knowledge) also has the same literal meaning as fiqh. Ilm “the knowledge that comes through reports,” that is ilm.    But the term fiqh on the other hand in general meaning, fiqh used for a knowledge of law.

Definition of Fiqh according to Abu Hanifah

The definition is very wide and includes elements that are part of the subject of Kalam, like tenets of faith (aqaid)

معرفۃ النفس ما لھا وعلیھا

A person’s knowledge of his rights and duties.

Shafi’i definition of fiqh

The term fiqh was defined later by shafi’I jurists in very narrow technical sense.

العلم بالاحکام الشرعیۃ العلمیۃ المکتسبۃ من ادلتھا التفصلیۃ

It is knowledge of the shari’I ahkam (legal rules), pertaining to conduct, that have been derived from their specific evidence.

AL-Ghazali definition of Fiqh

عبارۃ عن العلم بالاحکام الشرعیۃ الثابتۃ لافعال المکلفین خاصۃ

An expression for the knowledge of legal rules established specifically for human conduct.

Imam Razi Definition of Fiqh

العلم بالاحکام الشرعیۃ، المستدل علی اعیانھا، بحث لا یعلم کونھا من الدین ضرورۃ

The knowledge of the legal rules, pertaining to conduct with reference to their sources, when this knowledge is not obtained by way necessity (in religion)

The Meaning of Asl

Asl is the singular of Usool. The literal meaning of the term asl is “something from which another thing originates.” Thus, the origin of a thing is its asl. That is the reason for translation the word asl as “root”. The term asl also mean “something upon which another thing is constructed.” And here asl give the meaning of “foundation.”

For the jurists, the term usul implies “a body of principles” that be use to interpret the texts. These principles of interpretation are formulated by the muslim jurists in the form of general propositions.

Definition of Usul ul Fiqh/Islamic Jurisprudence

ھی القواعد التی یتوصل بھا المجتھد الی الاحکام الشرعیۃ العملیۃ من الادلۃ التفصلیۃ

There are the principles by the use of which the mujtahid derives the legal rules of conduct from the specific evidences.

This definition states that the usul al fiqh are a body of principles of interpretation by the help of which the mujtahid is also to derive the law from the detailed evidences in the Quran, the sunnah, ijma, and qiyas.

Definition of usul al fiqh /Islamic Jurisprudence according to Al Razi

عبارۃ عن مجموع طرق الفقۃ علی السبیل الاجمال وکیفیۃ استدلال بھا و کیفیۃ حال المستدل بھا

It is an expression that includes all the path (evidences) leading to fiqh when these are considered in a board sense, and for the legal reasoning proceeding from these paths, as well as for the status (skill) of the person undertaking such reasoning.

Definition of usul al fiqh /Islamic Jurisprudence according to Al Ghazali

اصول الفقہ عبارۃ عن ادلۃ ھذاہ الاحکام، عن معرفۃ وجود دلاتھاعلی الاحکام من حیث الجملۃ لا من حیث تفصیل۔

Usul fiqh is an expression employed for the evidence of these legal rules and for a knowledge of the broad ways in which they reveal such rules, and not by way of a specific indication (for a specific rules)

Definition of Usul fiqh/Islamic Jurisprudence by Ahsan Khan Nyazee.

According to Imran Ahsan Khan Nyazee, Islamic Jurisprudence (Usul-ul-Fiqh) is a body of principles of interpretation by the help of which the mujtahid is able to derive the law from the detailed evidence in the Quran, Sunnah, Ijma and Qiyas.

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The history of South Asia, especially India and the Delhi Sultanate

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history of South Asia

The history of South Asia, especially India and the Delhi Sultanate South Asia is a vast region comprising six countries, including India, Pakistan, Bangladesh, Nepal, Sri Lanka, and Bhutan. The history of this region dates back thousands of years, and has witnessed the rise and fall of many civilizations, empires, and cultures. In this article, … Read more

What is Natural Law , Natural law examples, Theory

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natural law examples

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