استنباط احکام میں حضرت عائشہ کا منہج قرآن کریم کی روشنی میں

In this article an effort has been made to describe Hazrat ‘฀ishah (R. A) ’s methodology of derivation of Ahk฀m from Holy Quran. Holy Quran and Sunnah of Holy Prophet (S. A. W) is basic source of Islamic Shar฀‘ah. Hazrat ‘฀ishah Sidd฀qah (R. A) was the wife of the Holy Prophet (S. A. W), and the daughter of Hazrat Ab฀ Bakr (R. A). She spent her time in learning and acquiring knowledge of the two most important sources of Islam, the Qur'an and the Sunnah of His Prophet (S. A. W). Hazrat ‘฀ishah (R. A) narrated 2210 Ah฀d฀th out of which 174 Ah฀d฀th are commonly agreed upon by Bukh฀ri and Muslim. She was an ardent and zealous student of Islamic jurisprudence. She has not only described Ah฀d฀th and reported her observations of events, but interpreted them for derivation of Ahk฀m. Umm Al-Mu’min฀n Hazrat ‘฀ishah (R. A) is a great scholar and interpreter of Islam, providing guidance to even the greatest of the Companions (R. A) of the Holy Prophet Muhammad (S. A. W). She has not only described Ah฀d฀th and reported her observations of events, but interpreted them for derivation of Ahk฀m. Whenever necessary, she corrected the views of the greatest of the Companions of the Holy Prophet (S. A. W). It is thus recognized, from the earliest times in Islam, that about one-fourth of Islamic Shar฀‘ah is based on reports and interpretations that have come from Hazrat ‘฀ishah (R. A). As a teacher she had a clear and persuasive manner of speech. Hazrat ‘฀ishah (R. A) is a role model for women. She taught Islam many people. She was an authority on many matters of Islamic Law, especially those concerning women.

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.