اُصولی قواعدِ فقہیہ و قواعدِنصفت (Maxims of Equity) کا تحقیقی و تقابلی جائزہ

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محمد یاسر,ڈاکٹر محمد شہباز منج,۔ اُمِ لیلیٰ

Abstract

The code of law and the judicial system of society have cultural background. Therefore, it should be and rather must be perceptively rooted in and related to the people to be governed under such legal system. Therefore, it is highly important that the code of law may tally with the culture, history and social system. Thus the requirement and necessity of such knowledge is forty fide. Since social phenomena is dynamic therefore, the legal system must undergo required changes and be revised according to the required circumstances.


‘Islamic jurisprudential principles’ (Qawaid-e-Fiqhiya) and ‘Maxims of Equity’ (Qawaid-e-Nisfat) provide us the very basis on which both the systems (Islamic Jurisprudence and Western Law) have their logical structure. Therefore, these Maxims help us in understanding the basic trend and contemporary philosophy of Islamic Jurisprudence and Western Law.


            In this article we would analyze and highlight the history and development of Islamic jurisprudential principles and Maxims of Equity, while examining the role of these Maxims in the evolution of the systems. We would concentrate and analyze the importance of Maxims in the history of relative juristic systems, their role, utility and further facilitative scope in the modern judicial systems. The said two principles would be examined in the comparative method highlighting their similarities and contrasts with special reference to their role in the judicial systems.


            It would result in the enhanced facilitation of the maxims in the modern juristic systems and the recommendations for the legal road map for making the justice easy, comprehensible and more spontaneous.

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