زر اور معاوضۂ زر: سرمایہ دارانہ اور اسلامی نظام معیشت کے تناظر میں تجزیاتی مطالعہ

Money and its Compensation: An Analysis with Respect to Capitalism and Islamic Economic System In trade and commerce, money has remained the backbone of the business and trade. From the beginning to the end, money is an indispensable part of every economic activity. For this importance, money is treated as a factor of production. But the question is what is meant by money and whether the value of money can be recognized as a land, house, shop, car, bungalow and merchandise goods? And then what is the status if it is in the form of interest and it is linked to inflation? The research article underlines the key aspect regarding money and its compensation in the perspective of capitalistic and Islamic economic system. The qualitative and analytical approach was applied in this article. A literature review concluded that time value of money in capitalistic economy is unlimited while the Islamic economic system does not recognize its value in form of interest and with the association of inflation rate. It is recommended that business to be done on a profit and loss basis, rather than on debt and interest and instead of linking money to the inflation rate, alternatives should be proposed, for example if a person wants to take the loan, he should be given what he needs on cost plus profit basis.

Legal Aspects of Sense of Capability Mens Rea to Actus Reus As the Main Cause of Crimes

1. Crime is the byproduct of a social life, which emerges with establishment of social setups. The first known crime is the murder of ‘Abel’ by ‘Cain’ to get a benefit made for the former. Many criminologists suggest that crimes in a society are like diseases in a body. Science has proven that the attacking germs like virus or bacteria may be present in a body but the diseases only appear when the effecting germs find conducive and favorable environment for them. Similarly there may be many reasons that would motivate a person to commit a crime but crime is only committed when the executor finds suitable situation and considers himself capable of it. 2. Criminologists have found many grounds that lead to commission of crimes like deviation from religious teachings, free will, hereditary linkage, physical and mental conditions of culprits, family life, cultural and social environments, atmosphere of training and working places and the poverty. Everyone has tried to prove his/her philosophy through research and experiments upon the criminal behavior. However, most of these theories have been negated by one way or the other and work is still going on. 3. Critical study of the above theories reveals that beside other factor, the crime is not committed until a criminal assumes capability for commission of crime, as observed by Goethe, “there is no crime of which I do not deem myself capable”. Hence, there appears a common single factor that covers nearly all aspects applicable in all cases, at all the times and for all criminals in every society; the ‘Sense of Capability’ which enables persons to commit crimes. To bring a criminal to the task it is necessary that the guilt is to be established beyond any reasonable doubt that requires three elements; Mens Rea of the accused, the preparations made and the Actus Reus. Sense of capability or mental readiness specifically lies in preparation stage which is established through evidence. 4. Whether sense of capability can be considered as a main factor in crime causation is needed to be proved. It is a vast field of study wherein many opinions and rulings have be given by the peers of criminal behavior studies. In this thesis only “Legal aspects of ‘sense of capability’ (Mens Rea to Actus Reus) as the main cause of crimes” are being discussed.