اسلامی قانون سازی میں ریاست کا دائرہ اختیاراور اجتہاد کا اسلامی اصول (عائلی قوانین کے تناظر میں)

Abstract

This work examines as how to exercise the authority of legislation according to Quran and Sunnah in the context of Muslim Family Law 1961 enforced in Pakistan. It also discusses that the authority of legislation exercised by Imam or Hakim, with special focus on the authority or power to do Ijtihad. The Principles of Ijtihad as mentioned in the Report and in the Dissenting Note of Moulana Ihtisham-ul-Huq Thanvi is comparatively studied in this work. There are many other issues, like the concept of Iddah and the Right of Inheritance for grandchild, being repugnant to Islamic Injunction, needs a deep analysis. This work is an effort to analyze the above raised problems.