Pakistan Research Repository


Al-Khalailah, Yahya Muhammad Owdh (2001) CODIFICATION OF ISLAMIC LAW THEORY AND PRACTICE. PhD thesis, International Islamic University, Islamabad.



Praise be to Allah The Sustainer of the world and the best blessings and perfect Salutations upon Prophet Muhammad his progeny and Companions. A man pondering over the State affairs of today Muslims is wonder stuck because of the circumstances resulting in their present condition. This despite the fact that they own the divine Law containing lofty views and legal principles which deserves appreciation from all the nations and peoples. Islamic law is deemed unique in its ideas aims and objects. It regulates the life of an individual and community as well. It explains rights and duties. It has proved to be a governing system an indispensable law and a cultural project for all times and periods to come. A call for codifying illustrious Islamic law and regulation is a call that concerns with the objects of a legal system which propagates facilitation and broad mindedness and invites for bringing above welfare and averting corruption. A call that coincides also with doctrinal thinking and official and un official trends. It involves a hope for bright future of Islamic law by presenting it in a civilized manner in accordance with the demands of the time. Keeping in view its effectiveness and its positive contribution towards finding out just and proper solutions for settlement of disputes problem of codification is considered to be an important and recent one. Hence it is a mean to achieve political social economic and judicial reformation. All this by producing just Islamic rules and regulations which agree with the customs traditions and values of Muslim community. This will establish justice and equality protect rights and freedom and spread peace and stability. I have decided with the help of Allah The Great to undertake the topic of Codification of Devine Law since it requires deep academic study to the link legal present of Ummah with the everlasting cultural past. This became the call for Codification of Islamic law in response to reconstruction of current jurisprudence is the latest one. Hence topic of codification having knowledge of its experiments and taking advantage of them is the most important one. The discussions and problems for study must be tied with the life and period we are living in. Add to it the importance for the study of legacy to develop the reconstruction of Islamic jurisprudence and to take part in building up that jurisprudential future which interacts with the present situation. The movement of Codifying Islamic law has come under criticism. Some of them even question its legality that will be discussed later on. This shows that the problem is not absolutely admissible. This makes us to expect a bright future for Islamic Codification in order to generate a base for true understanding and perception for prefeasible interests so we ought to understand that in the Codification of Islamic law lies the realization of benefit we are looking for i.e. arbitration of the Divine law on surface of the earth. Relying upon the facts stated above I took up this topic for discussion. Study with a hope to build up true Islamic theory for framing law so that its practical enforcement may be based on sound scientific footing. My approach to get a perfect theory about this topic lead me to study the judicial aspect of the topic theoretically and practically. I selected for the study of its practical aspect the main crimes within the jurisdiction of penal code in the legislation of Egypt and Pakistan. I don t claim to be the first one to touch this topic. Some scholars like Sheikh Abu Zahra Sheikh Ali Al Khafif Dr. Wahba Al Zuhaili Dr. Muhammad Zaki Abdul Barr Dr. Abd Al Rahman Al Qasim Dr. Qardhawi and others have already discussed some aspects of this topic. Their studies vary some discussed doctrinal aspects of the topic whereas others discussed its applied aspect with special interest in the study and encompassing of previous experiments. But these studies in my view are modest and too concise to frame a perfect theory for Codification and to present a comprehensive picture of topic. I intend with my humble efforts to build up a perfect theory theoretically as well as practically. I will combine therein all the previous efforts as I will infuse new thoughts and ideas in most of the problems facing us attempting thereby most humbly to build up an idea more acceptable and more reasonable. Thus I shall participate in the jurisprudential reconstruction and in the applied study of two experiments i.e. of Egypt and Pakistan hoping that this study will achieve its target. This will provide an incentive for Islamic Governments to emulate there example and avail of it. So that the Divine Law may govern the world. Lastly I beseech Allah to accept this modest attempt and make it contribute towards building up of Islamic Law derived from the illustrious Divine law so that this law may occupy its natural place in the life matters of the people.

Item Type:Thesis (PhD)
Uncontrolled Keywords:Allah Muhammad Codification Islamic Law Divine law Legal principles governing system legal system Islamic rules Muslim Community Islamic jurisprudence Islamic government Egypt Pakistan Positive law application of Islamic law Accusation of Islamic law punishment minorities penal code crime Tazir discretionary punishment punitive crime legislation
Subjects:Social Sciences(g) > Religious Studies(g18)
ID Code:73
Deposited By:Mr Ghulam Murtaza
Deposited On:16 Jun 2006
Last Modified:04 Oct 2007 20:59

Repository Staff Only: item control page