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.
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 predecessorâ€™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 â€“ Ishaq Shirazi in his work AL â€“ Tabsirah Fi Usul AL-Fiqhâ€˜ First of all I have Collected all the arguments of various Schools of thought, then I have sub â€“ 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 â€˜theory of excuseâ€™ 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 â€“ tabsirah fi usul al-fiqh, quran, sunnah|
|Subjects:||Social Sciences(g) > Law and Legislation (g11)|
|Deposited By:||Mr. Javed Memon|
|Deposited On:||15 Jul 2009 15:15|
|Last Modified:||15 Jul 2009 15:15|
Repository Staff Only: item control page