قاضی کا فیصلہ اور اس کا نفاذ: علمی اور تحلیلی جائزہ ----------------------------------------------------------------------------------------- The Enforcement of the Decision of the Qadi: An Analytical Study

  • محمد شہباز حسن Engineering University, Lahore
  • محمد ابراہیم Engineering University, Lahore

Abstract

According to the Islamic Shariah the decisions are made on the bases of the Holy Quran and the Sunnah. A Judge (Qadi) of Muslim court should follow come conditions strictly through procedural law. He should examine the given case very deeply and carefully so that he may not be mislead by making wrong decision. If he, in spite of full care, makes a wrong decision, will be free from obligation. The Qadi is responsible for making decisions according to the apparent proofs, evidences and other necessary reasons. If a plaintiff by means of his glibness succeeds in convincing the Qadi to make decision against the adversary, it will not make any unlawful matter lawful for him. In other words the decision of the Qadi cannot change the original reality of a given case. The compilers of Sihah Sittah and the distinguished Imams of four prominent juristic schools are of the same view. In this article a detailed discussion has been made based on the primary

Author Biographies

محمد شہباز حسن, Engineering University, Lahore
Associate Professor, Engineering University, Lahore
محمد ابراہیم, Engineering University, Lahore
PhD Scholar, Engineering University, Lahore
Published
2017-09-26
Section
Peer-Reviewed Articles مقالات