پارلیمنٹ کا اجتہاد اور تعبیر شریعت

Abstract

Muslim states claiming as champions of the enforcement of Shariah
are facing a core issue of interpretation of Islamic Shariah through
fixation of parliament's role towards Ijtehad. One side of the said
issue focuses the sovereignty of the people's parliament and the other
side is related to reflection of God's sovereignty in Islamic Shariah
through interpretation androle of Mujtahedeenviz-a-viz balancing and
adjusting the said two parallel sphere of operations. After the fall of
UttomanCaliphate the legislation made by the members of Turkish
Grand Parliament of Mustafa Kamal Pasha given the Status of Ijmato
their legislation and the parliament was declared as the refined &
modern shape of CONSOLIDATED -CALIPHATE of the majority
People. While the 2nd concept contrast to 1stconcept is to declare the
FIQAH of majority people as law even it is carried out by the
parliament (It in being practiced in Iran). Explanation is given that
faith, worships and personal laws shall be the domain of FIQH and the
social transactions must be the domain of parliament. Consequently
third doctrine separates private and public sphere of life hence this
can be considered as 3rdconcept.The above said three conceptsgive
importance to Ijtehadfor Islamic Shariah through legislation by the
parliament. Even it is Executive or Judiciary of the State, the Shariah
is only Quran and Sunnah(PBUH) having explanation in form of
Ijtehadats through practical demonstrationunder the light of above
discussed three concepts,it is clear that forIjtehad, the supremacy
lies in parliament while the last view upholds that Ijtehad is the job of
Shariah,s Scholars only,eventhey are in Executive or in Judiciary
because declaration of Ijtehaddemands a standardized ability,so the
power to do Ijtehad cannot be delegated to people at large.
4thconcept is of Gulf States under patronage of Saudi Arabia is that,
the Governmental Authorities are bound to Islamic Shariah and their
role is only to enforce Shariah through Ijtehad by taking all steps,
arrangements and devices to ensure the implementation of Shariah in
true spirit and letters under the light of Quran &Sunnah.
Conceptof Gulf States is unknown to Pakistan. Presentlyfirst three
conceptsare being experienced in Iran, Afghanistan (under Talban) and
in Pakistan. Present article is a brief sketch of the subject while
details and comparative sketch will be presented latter.