Whatsapp

" APPLICATION OF SHARI'AH IN VARIOUS COUNTRIES OF APPLICATION OF SHARI'AH IN VARIOUS COUNTRIES OF THE MUSLIM WORLD   [A BRIEF SURVEY ]   By   DR. TANZIL-UR-RAHMAN   Judge of High Court of Sind and Chairman Council of Islamic Ideology, Government of Pakistan   [A paper submitted to the International Seminar on "Islamic Law and its Application in the Modern Times" held fender the auspices of Centre for Islamic Legal Studies, Ahmadu Bello University, Zaria, Nigeria, April 10----13, 1979]   For over 100 years after the death of the Holy Prophet, judgments were passed in strict conformity with the teachings of the Holy Qur'an and Sunnah. In cases, where there were no clear directives to be found in the Qur'an and Sunnah, guidance was sought from the verdicts of the Fuur Caliphs and from the traditions of the Companions of the Holy Prophet, and where this was not possible, Ijtihad was resorted to.   But in the absence of a complied and consolidated code of law, differences and dissensions were often ezacouzatered in individual opinions and fat-was. The first step, taken to rectify this situation, was a communication, addressed to Caliph Abu Jafar Mansur by Ibn Muqaffa (died 140 A. H.) who was greatly respected during the reign of the Abbasides for his vast knowledge. In his letter, he stressed the importance of compiling laws to be enforced throughout the country. But, due to certain reasons, the suggestion of Ibn Mugaffa' could not be acted upon.   It was, however, in the second quarter of the Ind Century (A. H.) that the foundation of the gigantic task of compiling the filth was laid by Imam Abu Hanifah and his followers. The science of fiqh thereby received a powerful impetus. By that time, books of firth had begun to…