Sources of Rulings in Islamic Jurisprudence Examples for situations where

Sources of rulings in islamic jurisprudence examples

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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): Other jurists, like Imam Abu Hanifah (RA), interpret the word ‘or’ to mean that these four punishments are prescribed for different situations as follows: If, however, they did not kill anyone, nor were able to loot any property, their act remained confined to frightening people, their punishment is that they shall be banished or imprisoned It should be noted that the words used for this fourth punishment are: ‘they be kept away from the land’ Generally it is understood by the jurists as referring to the punishment of banishment But the noble Khalifah Umar (RA) has interpreted it as imprisonment, because imprisoned person is ‘kept away from the land’ Imam Abu Hanifah has preferred this interpretation 71
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): It seems very cruel, but if these laws are implemented, imagine who law and order condition of Karachi include entire Pakistan and all over world will improve!!! If someone tried to disturb the law & order situation in the city Then the minimum punishment is Exile him / sent to Jail If someone have stolen hidden wealth Then one hand should be cut off If someone take out / conduct arm based robbery Then cut right hand and left side leg If someone along with arm robbery also do murder as well Then he/she get death penalty 72
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): If someone, who have either committed arm robberies, killings and created disorder on earth is sent to jail, and when he is released from jail start to recommit the same crime But if capital punishment as directed in Holy Quran is administrated, then thousands of people are saved in future. 73
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): Because of this Hadd implementation, the punishment in the life hereafter does not finishes. However, repentance is required along with compensation / settlement of rights of other 74
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Wisdom of Tafaqu Benefit of people lies in what? There are many objectives 1) Most important is Compliance with the commandments of Almighty Allah 2) Equitable distributions of Wealth 75
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Refer to Surah Al-Imran [The Progeny of Imran] ۃروسس نمارمع ل مما ) ) Ayaat No 32 [3:32] َ لو ُ س ّ رلا َ و َ ه ّ للا او ُ عي ِ ط َ أ ْ ل ُ ق Say: “Obey Allah and the Messanger”  Compliance 76
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Sources of Rulings in Islamic
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  • Summer '19
  • Faisal Sawar

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