فصل اول: قرآن حکیم میں آیات استفہام کی ضرورت واہمیت
قرآن مجید فصاحت و بلاغت کےاعتبار سے ایک مثالی کتاب ہے۔علم معانی ہو یا علمِ بیان یا علم بلاغت کے ماہرین نے اس کی لسانی وادبی خصوصیات کو نگارشات کا موضوع بنایا ہے۔ فصاحت و بلا غت کی انہی خوبیوں کی بنا پر قرآن مجید کو کلام مبین بھی کہا گیا ہے۔ قرآن مجید میں جہاں ایجاز و اطناب اور ربط و مساوات کے اسالیب نظر آتے ہیں، وہیں تقدیم و تاخیر اور حذف کے اسلوب بھی نمایاں ہیں۔ قرآن مجید کے مختلف و منفرد اسالیب میں سے ایک اہم اسلوب ِ استفہام ہے۔
استفہام عربی زبان کا لفظ ہے جس کے معنی سوال کرنے، جاننے،فہم حاصل کرنے اور استفسار کرنے کے معنوں میں استعمال ہوتا ہے۔ ادب میں استفہام کسی حقیقت سے مخاطب کو آگاہ کرنے ، مخاطب کو غورو فکر کی دعوت دینا، اور اپنی بات کا ثبات کرنا وغیرہ کے معنوں میں مستعمل ہے۔چنانچہ قرآن مجید میں بھی استفہام کا اسلوب بکثرت استعمال کیا گیا ہے۔
Adl and Qisṭ is indeed a manifestation of God’s mercy, rather, it may also be seen as a principal objective of Shariʿah. The origin or sources of administration of justice in Islām are the Quran, Sunnah of the holy Prophet, consensus of opinions of the jurists of Islamic jurisprudence and Analogy (Qiyās). Justice is a sacred obligation of supererogatory. It is obligatory upon the Muslim rulers to appoint judges for the dispensation of justice to attain equality, to protect the human rights from their violation, to safeguard the lives and properties, and to maintain law and order in society. As a judge is supposed to accomplish a very important and noble task being a regent of Allāh, hence, some vital merits and criteria regarding the conditions and qualifications for the appointment of the Qāḍī or judge in the light of the Qur’ān, Sunnah and Islamic jurisprudence and the code of conduct for the Pakistani judges must be observed at all costs. The author of this paper has discussed these conditions and qualifications in this article. There are some unanimous conditions for the appointment of judges, while some others are not agreed upon. While presenting the difference of opinions of the Islamic jurists, the author tried to explain, reconcile the opinions and at some places presented her own view in the light of her analysis and arguments. These conditions are around thirty, but the author according to her own discretion chose some of the most important ones to discuss in this paper.
This study investigates the issue of abortion in Pakistan from the perspectives of
women who go through abortion. In doing so, it discusses whether there is a dilemma between the ethics of abortion based on contextual realities, and the Shari‘a law based on the discourses of the Qur’an and the Hadith and their interpretations and applications in the fiqh. The objectives of the research are to investigate how Muslims take decisions about abortion, and who takes them.
The empirical research was conducted in Karachi. Using a case study approach, the data was collected through semi-structured interviews and documentary analysis. Three groups of people were interviewed: women who had experienced abortion, doctors, and religious scholars to seek different perspectives. The women were from different ethnic and socio-cultural backgrounds.
The findings reveal that women are often not the sole decision makers. With some
exceptions, most decisions are taken by husbands. The decision making becomes
difficult where husbands do not cooperate and even threaten to use the law against
their wives, which gives severe punishments, except when abortions are performed for health reasons and for necessary treatment. The abortion law in Pakistan, derived from Muslim fiqh, has a narrow scope and there exists a tension between the law and social realities. Thus women suffer the most and risk their lives due to restrictive laws and unqualified abortion service providers. Most abortions take place due to poverty and for economic reasons for which people take pragmatic approaches. They rarely consult religious clergy in taking the decisions but most women felt that abortion was a sin. Yet they asserted that they abort out of necessity. Abortion is also used as a means of family planning.
It is concluded that judgments about abortions are made based on ethical reasoning under compelling socio-economic realities rather than on beliefs and law, although there remains a tension between the two. Abortion law in Pakistan should provide for equal and mutual consent of husband and wife and broaden its scope as provided in Muslim law. But there is also a need to generate ethical discourses to draw broad principles rather than rules to solve contemporary issues of abortion.