الاباحة في الشريعة الإسلامية والقانون الوضعي

Permissibility (al-Ibāḥah) is a kind of the Islamic law, which gives option to someone to do or not to do something. If something is done by someone under this order, no punishment or reward is liable. It nullifies the delinquency. This paper defines the lexical and technical meanings of permissibility as defined by different Islamic scholars like alShāṭibī, al-Āmidī and al-Ghazālī and the conventional law that how it removes responsibility of delinquency of an act and makes it permissible for person, who does it. Its different kinds and causes for permissibility have been discussed. It has general and particular kinds. It has also been differentiated from insanity: that when a person commits an offense under defective understanding such as childhood, mental illness and in sleeping. These conditions remove someone’s responsibility and one cannot be prosecuted by both the laws. Different rules regarding mistake and ignorance in the case of al-Ibāḥah (permissibility) has been discussed in detail. There are limitations of al-Ibāḥah and if the limits of alIbāḥah are transgressed, then, the act converts into criminality. The author, in this paper, presents a comparative study of the Islamic Law and Conventional Law on the issue of al-Ibāḥah.

اردو ناول میں سماجی شعور

The present research is an analysis of 'Social Consciousness in Urdu Novels'. An attempt has been made to review how social changes emerging in different periods provided food for through to novelists. The period included for this research extends from the beginning of Urdu Novel to the end of 19th Century. The focus of the research is those social changes that took place after the War of Independence of 1857 in the Indian society, under the influence of the West. This was a transitory period when old and new traditions, both, co- existed; and which were equally reflected in Urdu Novel. Since the very beginning of 20th Century, defensive attitude changed into a more aggressive sentiment, and newer visions of nationhood. This evolution of thought and attitude strongly influenced Indian culture. The researcher has tried to trace this 'consciousness' and the resultant social changes from the beginning of 20th Century till the creation of Pakistan (1947). The new social set up of post-partition days was dominated by class conflicts and influenced by Islamic thought. As such, the 'social consciousness' of the society that emerged after Pakistan's independence was different from that of its predecessors. The researcher has discussed this 'Social Consciousness' in the perspective of novels written during that period. The research is a journey through the social changes that occurred and influenced Urdu Novel from its beginning to the 20th Century and a critical analysis of their conscious and unconscious expression in Urdu Novel.