I= THEORY OF EXCUSE ITS EFFECT ON OBLIGATION: COMPARATIVE STUDY OF ISLAMIC, EGYPTIAN AND PAKISTANI LAW
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Title of Thesis
THEORY OF EXCUSE ITS EFFECT ON OBLIGATION: COMPARATIVE STUDY OF ISLAMIC, EGYPTIAN AND PAKISTANI LAW

Transliteration
NAZARYA ALUZAR WA ASARHA ALLALILTEZAM: DARASTAH MAQAMIRNAH BAIN ALFIQAH AL ISLAMI WA ALQANOON AL MISRI WA AL BAKISTANI

Author(s)
MUHAMMAD NAWAZ NOOR MUHAMMAD
Institute/University/Department Details
Faculty of SHARIA & LAW/ International Islamic University, Islamabad
Session
2005
Subject
Sharia & Law
Number of Pages
382
Keywords (Extracted from title, table of contents and abstract of thesis)
theory of excuse, obligation, islamic law, egyptian law, pakistani law, al ‚€“ tabsirah fi usul al-fiqh, quran, sunnah

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.

Download Full Thesis
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S. No. Chapter Title of the Chapters Page Size (KB)
1 0 Contents
306.03 KB
2 1 Substance of theory, Excuse & Obligation.
2432.72 KB
3 2 Definition of ‚€˜theory of excuse‚€™ & topics related to it.
1565.46 KB
4 3 Role of theory of excuse in obligation.
2141.71 KB