پاکستان میں متفرق مکاتب فکر کی موجودگی میں فقہی مسائل کی قانون سازی کا مجوزہ حل

Abstract

In this article, the patterns should be adopted for the Islamic laws in Pakistan have been discussed, taking into view opinions of various scholars.  A solution to the legislation of Fiqh-based issues has been highlighted with the help of examples. Some of the issues discussed in this context include Nikah, words for Nikah, Sharia ruling for the wife of a missing man, and Sharia status of the cancellation of Nikah by the judge despite disagreement by the husband. Suggestion legislation of personal issues has also been analyzed in the light of the family laws already existing in Pakistan.  Then, punishments for going against the state laws ( including definition of Hadd, its types, Shubah nullifying a Hadd, Nullification of Hadd by taking back one’s words, rajam ( stoning a fornicator to death) Shariah status of Kaffarah in Qatal Amad (murder) have been illustrated with examples and analyzed in the light of various schools of Fiqh. Suggestions for improvement and compliance of the laws of Pakistan with Hudood have also been given. After this, Bai Salam and compulsory promise have been discussed to analyze the rulings propounded by various schools of Fiqh with regards to finance and trade.  An outline of the Islamization of commercial and financial laws as required in the modern era has also been presented.