Ijtihad As a Legislative Function: Role of Ijtihad, Ifta and Taqleed in Legislative Process

In Islamic legislation Ijtihad plays an important role and has central position in the whole process. Demands of life change day by day thus it become necessary to take on the structural review of Islamic laws keeping in mind the spirit and discipline of Islamic. Ijtihad thus play as a perfect tool for legislation. Regarding fatawas the jurists followed the methodologies of companions, tabieen, and taba Tabaeen. In cases in which they did not find any legal opinion of their teachers related to a specific problem they themselves tried to find out the solution for that problem from the relevant Texts and formulate their own fatawa. In Pakistan the Judiciary that performs the task of interpretation for law-making, Majlis-e-Shura and various Ulama are exercising the job of Ifta. The Council of Islamic Ideology is the official legislative body of fatawa. Taqleed is also an acceptable mode of legislation whose proofs are evident from Quran and Sunnah. It has been used as a source of legislation in Pakistan as well. In constitution of Pakistan article 189 and 201 are related to Taqlid. Article 189 and 201 makes the decisions of Supreme Court binding on all courts and the High court judgments binding on all subordinate courts. Thus the legislative process in Islam employs the methods of Ijtihad, Ifta and Taqlid as a perfect tool of legislation.

An Analysis of the Art of Illumination in Qur’Ān Manuscripts

This analytical research is based on the study of illumination in Qur’ān manuscripts located in different libraries of Punjab, Pakistan. The focus of this doctoral thesis was analysis and identification of indigenous styles of illumination as found in Qur’ān manuscripts produced in the Subcontinent. The research was carried out through the study of Qur’ān manuscripts produced during a time span of five hundred years i.e. from 9 th /15 th to 13 th /19 th centuries. The tradition of embellishing the text of Qur’ān goes back to the 1 st /7 th century when early Qur’ānic texts were decorated with simple geometric designs. With the passage of time the initial simple shapes evolved into highly complex designs used on the front pages and around the text boxes of Qur’ān manuscripts. Like other art forms, the art of Qur’ān illumination reflects the regional artistic trends where Muslims established their rule. This research however focuses on the styles of illumination which are different from the well documented Persian, Ottoman, Far Eastern or Mamluk styles. The research shows in detail the elements and principles of Qur’ān illumination along with the techniques used for design development. The study is also an attempt to unveil some distinct styles of illumination which flourished in the Subcontinent. The results revealed several indigenous styles of illumination like Indo-Persian, Mughal, Kashmiri, Bihāri and folk illumination designs. The analysis was conducted through non destructive methods and the results are presented taxonomically. These vernacular styles of illumination are identified through the analysis of individual motifs, colour application and the compositional order. This research also identified some distinct illumination trends which were adopted by the illuminators of Subcontinent in 13 th /19 th century indicating to the continuation of the practice of embellishing the Qur’ān manuscripts even after the advent of printing technology in this region.