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THEORY OF EXCUSE ITS EFFECT ON OBLIGATION: COMPARATIVE STUDY OF ISLAMIC, EGYPTIAN AND PAKISTANI LAW

NOOR MUHAMMAD , MUHAMMAD NAWAZ (2005) THEORY OF EXCUSE ITS EFFECT ON OBLIGATION: COMPARATIVE STUDY OF ISLAMIC, EGYPTIAN AND PAKISTANI LAW. PhD thesis, International Islamic University, Islamabad.

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Abstract

Subject has been seleted den to following reasons;- 1, Novelty of the subject . None preceded me to write on the subject. 2. The topic is Important as theory of arbitrariness make a legal & valid action illegal &Invalid for others whereas the of Excuse Contrarily make an illegal & Invalid action legal & valid for other. 3, I wished to compare the theory of excuse with that of extraordinary Circumstances to show difference between them. I Faced difficultly in colleting the material for this virgin topic as I faced difficulty in distinguishing theory of excuse from theory of unusual circumstances because as both Intermingles in predecessor’s books it was also difficult to try for reconciliation between divergent opinions to prefer one to another. So for as methodology is concerned I have mentioned in the text, opinion of every school of thought & in the foot notes I have quoted their sources. After giving the arguments of every school of thought, I have directly given my comments on them following their by the methodology. Abu – Ishaq Shirazi in his work AL – Tabsirah Fi Usul AL-Fiqh‘ First of all I have Collected all the arguments of various Schools of thought, then I have sub – divided them according to Quran, Sunnah & Consensus. It is incumbent upon every Research Scholar to try for Concurrence between various opinions as far as it is possible as two reconciled opinions are preferable to ignoring them altogether. I have avoided replication of arguments. Practically I have tried to apply ‘theory of excuse’ to doctrinal problems. I have applied this theory to devotionals actions, Crimes & transactions. I have confined myself to the application of this theory & its effect on obligation leaving aside the difference of scholars in this regard.

Item Type:Thesis (PhD)
Uncontrolled Keywords:theory of excuse, obligation, islamic law, egyptian law, pakistani law, al – tabsirah fi usul al-fiqh, quran, sunnah
Subjects:Social Sciences(g) > Law and Legislation (g11)
ID Code:2642
Deposited By:Mr. Javed Memon
Deposited On:15 Jul 2009 15:15
Last Modified:15 Jul 2009 15:15

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