Begum, Bushara (2008) ISLAMIC ORDER OF CHILDREN IN THE SUBJECT OF WORSHIP, DEALS IN DIFFERENT CONDITION, PERSONAL LAWS AND HUDOOD IN THE LIGHT OF FIQH-E-HANAFI. PhD thesis, University of Karachi, Karachi .
ISLAMIC ORDER OF CHILDREN IN THE SUBJECT OF WORSHIP, DEALS IN DIFFERENT CONDITION, PERSONAL LAWS AND HUDOOD IN THE LIGHT OF FIQH-E-HANAFI Based on Hanafi Jurisprudence this thesis is an analytical review and research on worships, deeds, individual laws and the hadoods. It contains a preamble and six Chapters, each of which is composed of Sections. Coming to closure Section has a premise of the thesis both in Urdu and English languages with cross-referencing for easy to follow path-ways. The Titles of Chapters and the subject-matters have been defined and narrated from the basic injunctions of Islam covering children's various issues bring together in the forms of Islamic Jurisprudence and Fiqa. Section 'A' of Chapter-II explained 'who is a child?', and different child-related terminologies. First two Chapters are solidly embedded in learning as a way to frame an imperative study; while the third Chapter contains the children commandments of Islam. For better comprehension of the reader, I had to limit myself and restrict around the very theme of thesis, i. e. the references, injunctions from the Hanafi Jurisprudence. However, the opinion and the authorities of Four Schools of Thoughts have suitably been. incorporated on the demand of the topic An Overview of Chapters CHAPTER 1 First Chapter consists of contemporary Western Culture System of enactment of laws which has further been divided into four Sections. Section I First Section focuses and explains six points of Western Civilization which are Racism, Female Participation outside domestic affairs, Materialism, Imperialism, Drinking of vine, and Secularism. In the Western Society these west these social evils have been introduced through their Church System which lead to destroy the very social Family System. This issue has been elaborated with explanation as to how a woman is to breed human only. The concept of Family Planning System, its' history, and its philosophy, and its negative effect on the society have been elucidated. This creates generations' gap where the elders are phasing out while the rate of new births is drastically reduced. Another evil of Western Family System is adultery and violation of physical and social right of children has been discussed with supportive references. Section II The Second Section presents and enlightens the reaction of children who were neglected by their parents and as a result they disregard their parents or housing them in the old home by their off springs. Section III In the third Section, Western Societies 'think-tanks' version ab9ut the abstaining behaviors of children and made legislation in which British, French, German, Italian and Swedish arc a few to name has been explained. Re-called the philosophy of birth control and made necessary reforms so children brought under the social and legal bindings and that legislation has also backing of the U.N.O. Section IV The effects of Western Civilization on Muslim Society have been reviewed, inter alia, with regard to practice prostitution and increased crimes in Pakistani children. . The interpretation of Mufti M.Taqi Usmani, former Judge of Shariat Court on the subject has been incorporated. CHAPTER 2 Section I: Child and its binominals words for example: Tift, Sabi, Janeen etc. have been defined with context to child's physical and mental growth has been explained. Commandments of adulthood and related thoughts of Islamic Jurisprudents to determine age of adulthood have also been explained. Section II This Section-2 provides in-depth Quranic teachings about children and some Quranic verses with special emphasis on the rights and duties of the children. Section III Right of children their behaviors and service to their guardianship has been declared as actual "DEEN" in the light of Serat-e-Tayaba and saying of the Holy Prophet comparatively. Section IV This Section describes rights of children, determining the religious, social and human rights, for example: Azan, Iqamat, circumcision, education, equity development and the custodial right, and sponsorship of parents. These are all Islamic teaching which have been given to human to care the children. Section V The Principles of Jurisprudence has been discussed prior to the jars pureed introducing the definitive of order kinds of Islamic order, order of Obligatory for example, mandatory, desire able, for hidden, odious and lawful. The significance of Islamic Jurisprudence can only be understood when these definition are fully comprehended. In the last capability, execution, mandatory capability has been discussed from which the kinds 'of responsibly and irresponsible are surfaced. The Reason in capability has also been discussed. Section VI The child-labour cannons have briefly been' referred through Islamic jurisprudence. CHARPTER-3 Section I The First Section is about the sanctity and purity which explained the kinds of sanctity and in sanctity. The different views of' Islamic Jurisprudence with regards to the children urine have been incorporated it was explained (That the injunction of regarding the Urine of children and adult is the same i.e. "Najas" not with standing with the child is feeding by mother or taking food. The component has been narrated.. The second means of sanctity that is "GhussaI", bath after its literary and conventional definite of Ghussal kinds and it~ complete procedure has been stated. The dawn to dusk ablution is also a mean of gaining purity. It's permitted conditions and procedure which has been explained. At the end a various in junctions of sanctity pertaining to children have been explained. Sections II At the out set of this Section the prayers has been defined literally and conventionally and has been proved with knowledge and four sources of Islamic authority out of prayers, five times a day is mandatory. There after injunctions regarding prayers of children that they should be attracted towards prayers and fasting at age of seven years. During offering prayers care of children should be taken as the Holy Prophet upon weeping or crying of children. The complete their prayers briefly. The entire take-and-care procedure for children has been explained. At what age teen age can lead the congregations has also been explained in the light 'of views of Islamic Jurisprudence, besides other different issues on the subject have been consolidated. The line of children in the congressional gathering has been mentioned and leading of TRAWEEH Prayers during Ramazan month has been explained with the various views of Islamic observations. The second part of this Section consists of the injuction of Call and Aqamat having defined the history of Call Azan and Aqamat. The injunction regarding Azan and Aqamat has been explained. The funeral and burial service of children and various injunction there of have also been explained. Section III: Injunction regarding fasting of children i.e. the tasting has been defined literal and conventional point of views. The views of Hanifi, Malki and Hanbly & Shafaee jurisprudence have been discussed. In the last religious injunctions regarding fasting has been consolidated. The status and injunction of dwelling has been revealed that is because in the Holy month of Ramazan children also used to dwell as elders do. Section IV: Injunction regarding pilgrimage after its conventional and literary definitions its obligations history and its positive effect in the light of Quran and Sunnah have been explained. Kinds of Pilgrimage conditions wajahats requirement and line of action of specific points of Abrams have been incorporated the various views of Islamic Jurisprudence i.e. Malki Shafaee and Hambli with arguments regarding the pilgrim of teen age have been explained. At the end various injunctions of teen ages pilgrimage have also been discussed. Section V After it's conventional and literary definitions the injunction of mandatory regular charity and difference between charity and other worships as well as its virtues benefits and significance have been mentioned. The seven conditions for obligatory course of charity and its different heads for its expenses has been explained 1/10th is also kind of charity that leaves on agriculture product has also been discussed in this Section. Charity on the assets of male and female child, on this connection five different aspect explained. In the light of Islamic Jurisprudence the national and traditional arguments have been explained. Hanafi thought of School has been referred proving non compulsion at the end various injunctions of charity of children along with injunction charity at the occasion at Eid has been explained. CHAPTER - 4 Section I This Section discusses the injunction of business matter, firstly, all the literal and conventional meaning of sale, its definition has been included the status and the wording of proposal and consent, and the hierarchy of the sponsors has been explained .through different opinions of the Islamic jurisprudence. Detailed elucidation on the subject with examples and related leading cases has also been incorporated. Section - II: This Section is about the injunctions of shirakat, mazarhat, which also deals with all kinds of its related problems. Section - III This Section discusses matters of Mortgage, Pledge and Gifts, in the light of injunctions of Islam. Section - IV: This Section deals with the injunctions of the testament, will and inheritance of the children where it has also been high-lighted the Islamic philosophy and the history of the inheritance. It also tells the formula and the rule of legacy. Section - V: This Section reveals the injunctions of child labour and the present situation of world child labour with special reference to the child labour laws of 1991. Here I have also explained the present practice in vogue in Pakistan. CHAPTER NO 5 This Chapter has five Sections. Section I: This Section deals with the philosophy, history, importance, merits and demerits of marriage deed, matrimonial rites and rights, and it's all other detail with special reference with the Hanafi School of Thought. Section II: This Section deals with all kinds of divorce, deed of divorce the rights of divorce and all related matters of this phenomenon. This Section also discusses the divorce obtained on wife's initiative and separated. It discusses the results of the divorce on the widow and children their foster, fosterage and suckling and also affinity. Section III: This Section belongs to the importance of feeding of the mother, utility of breast-feeding. The custodial right of a mother of her children, and the sponsor, maintenance allowance has also been elaborated. Section IV: Here are all responsibilities, rules and regulation for mother and Islamic injunctions for the nourishment, bringing up and fostering and all its conditions its time period the responsibility of the father and mother are the topics. Section V: This Section presents collection' of related Quranic injunctions for the sponsorship, security and responsibility of the children and their legal guardian. CHAPTER NO 6 These Sections include all the six penal and criminal laws and injunctions for Hadoods and Qisas, What is Hadood? Kinds of Hadood, and its literal and conventional meaning. Section I In the first Section Adultery and Drinking in eye of Islam and its punishment has been discussed in detail. Section II In the second Section the theft Burglary, Dacoity, Robbery and their punishment have been explained. Section III The third Section elucidates on the topic of allegation as well as explain the condition of "Wajoob" and later on explain the imposition about the allegation on children and described the different problems. Section IV This section includes the evidence of witness and defined the explanation and condition of evidence, the explained the evidence of minor and lastly discussed about the validity of evidence of minor. Section V This section includes about he prison and discussed whether the minor can be detained in prison with her mother. It is settled education in Islam if the mother of minor has committed a crime she will not be penalized until and unless the minor able to take self taking teed and discussed the different problem regarding the minor about the gaol. Section VI This section consist about the Qasas, initially described four types of murder of human i.e. Umad, Khatta, Mushaba-e-Umad and Mushaba-e-Khatta, thereafter fully explain the punishment about the "Janain per Jurum Asqat", explain the "TAWAN" and explain the heirs of "Gharra". And explain te condition in case the parents of minor commits murder of her own minor what will be the situation of" Qasas" before thoroughly about the Qasas of minor. The sir name of writer of books including Urdu, Arabic and English has been mentioned at the end of this thesis.
|Item Type:||Thesis (PhD)|
|Uncontrolled Keywords:||islamic order, children, worship, personal laws, hudood, fiqh-e-hanafi, hanafi jurisprudence, western culture system|
|Deposited By:||Mr. Javed Memon|
|Deposited On:||19 Sep 2009 10:20|
|Last Modified:||19 Sep 2009 10:20|
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