وصیت واجبہ سے متعلق مسلمان ممالک کے قوانین، مسلم فیملی لاز آرڈیننس ۱۹۶۱

With the start of the codification of Muslim Personal Law in the Muslim countries, the question of exclusion and deprivation of orphan grand-children of the deceased from heir ship has gained importance. Bringing of section 4 on statute book was the result of the recommendations of the Commission on Marriage and Family Laws 1956. It was based on so-called ijtihād which caused confusion in the Islamic law of inheritance. Hence by declaring the section 4 repugnant to the injunctions of Islam, the Federal Shariʻat Court observed that the concept of “compulsory will” is an appropriate alternate to this problem. The court explains that making a will in favor of orphan grandchildren out of an estate of grandparents to the extent of one third would be very plausible solution to meet the socio- economic problem. The article aims to elaborate the concept of making of a will specially wasiyat wajiba in favor of orphan grandchildren. Various juristic opinions, rulings and legislation of Muslim countries have been analyzed in this regard. Majority of jurists are of the opinion that the making of will in the said case is only recommended and not mandatory. However according to some jurists it is mandatory. In this condition the legislative body may take steps to amend the law so as to bring the said provision in conformity with the injunctions of Islam.

An Educational Analysis of the Objections of Orientalists on Hadith, Investigational Analysis of Their Contrast Opinions

This doctoral thesis is an attempt to critically analyze the approaches and views of orientalists or “Ḥadīth Literature”. Central point has been to explore different misconceptions and misleading findings made by orientalists in the field of Ḥadīth Sciences. The key point of orientalists approaches is that they always worked on “Ḥadīth Literature” through the patron of secularism and biaroners. This thesis has been divided into five chapters. The first chapter deals with the basic and historical concept of orientalism. The intellectual history and methodology of orientalists has been discussed thoroughly. The second chapter presents “Authority of Ḥadīth and Sunnah as a second Source of Islamic Law. The status and importance of Ḥadīth has been discussed in detail. The third chapter commences with the preservation, compilation and diffusion of Ḥadīth and Sunnah of Prophet Muhammad ( S. A. W. ) . The different methods of the preservation and diffusion of Ḥadīth discussed in detail. The fourth chapter deals with the views and approaches adopted by the Orientalists about Ḥadīth Literature. In this chapter content criticism of Ḥadīth and the sources of confirmation have also been discussed. The last chapter deals with the “Authority and Authenticity of Isnād system in Ḥadīth”. In this chapter Isnad system, Asma ur-Rijal, Ilm al Jarh wa ta‘dīl, mandatory qualities for the tadīl of a transmitter, classification of Aḥādīth, and Isnad system also discussed in detail. At the end concluding remarks and recommendations presented. As a conclusion, an effort has been made to present the true, authentic and authoritative picture of Ḥadīth Literature. I hope this thesis will contribute something new to the Ḥadīth academia. This research will also open new avenues for the future researchers to further explore the core issue and give awareness to the Muslim Ummah about their due role in this regard.