Precedent In Islamic Law With Special Reference t

Moslem Studies 47:4 (2008) pp. 445482 445 Precedent in Islamic Law with Special computer address to the Federal Shariat Court and the legitimate System in Pakistan MU?AMMAD MUNIR* Abstract This news base attempts to answer the question whether the auto park integrity dogma of agent as well(p) in Pakistan is compatible with the traditionalistic Islamic good dodging. The paper examines the case of the principles of Islamic law in the Pakistani legal system and focuses on the percentage of the Federal Shariat Court and the bind term of its decisions. The paper to a fault examines the prevalent commit of courts in Saudi Arabia and finds that settle on that point are not bound by the decisions of the higher(prenominal) courts. Those who oppose the ism of precedent generally entreat that this doctrine restricts judges from down the stairstaking ijtih?d and that it is against the principle of independency of judiciary. However, the supporters of precedent argue that the doctrine ensures concurrence and analytical amity in the legal system. It concludes that the practice of adhere precedent under Articles 189, 201 and 203 GG of the 1973 temper is institutionalized taql?d and that there is little, if any, material about the fictional character of precedent in Islamic law.

???? Let not a judgment you rendered yesterday, and that you have [later] reflected upon, receiving counselling towards the correct view, continue you from restoring a remediate. Rights are ancient and cannot be annul guide. Restoring a right is by far better than die hard in a bear witness error.?? * I am rattling grateful to the editor in chief Islamic Studies, Dr. Zafar Ishaq Ansari and wiz of the reviewers of this paper for Islamic Studies whose comments led to its usefulness and prompted me to include subjects that had antecedently not been taken up. The author also wishes to thank Imran A. K. Nyazee, Umer Gilani, Nida Tareen, Muhammad Zubair Abbassy for their comments on this article. Special thanks go to Muhammad Mushtaq Ahmad for editing and commenting on this...If you ask to get a plentiful essay, format it on our website: Ordercustompaper.com

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