خلع فسخ نکاح ہے یا طلاق فقہائے کرام کی آراء کا تجزیاتی مطالعہ Whether Khula is Dissolution of Marriage or Divorce Critical Analysis of the Views of Islamic Jurists

Islam is an entire way of life. It illuminates every facet of daily existence. There is no problem for which Islam has not provided a remedy. Every aspect of beliefs and ethics, including human affairs, has also been examined. Islam is the only religion on earth that can be compared the height of Western culture and civilization. People have become its slavish disciples in the most literal sense. To stay up with the rest of the world, they are creating new interpretations of Islam for this reason. Accepted wisdom is a benefit, but only within the bounds of Sharia. Otherwise, it is Shaytan's legacy. ۔(شیطان) One of the most significant and crucial stages in a person's life is the nikah. It is expressly covered in the Qur'an and Hadith. It is created necessary for sustaining human existence. It is referred to as the culmination of human life and one of the Prophet's (ﷺ) required Sunnas. However, one of the most despised actions is the dissolution of a marriage. Islam, however, differs from other faiths. It contains the entire procedure/laws for dissolving a marriage. The appropriate discussion of Talaq and Khula is illustrated by the jurists' use of Estihsan and Qayas. Recent years have seen various crises and a collapse in Pakistani society. Smear and family system disturbance are the main issues among them. "Nikkah" is the fundamental element of a family system; in reality, a family system is based on Nikkah. If this Nikkah is intact, the entire family system is stable; nevertheless, if this Nikkah is broken, not only is the family system traumatised, but the entire society begins to suffer. The summary of this thesis explains that the Islamic Ideological Council's recommendations have been reviewed in light of the non-Sharia practises of the judicial authorities in relation to Khula and judicial powers related to Khula, as well as an analytical study of the remarks and opinions of commentators and jurists, including future jurists, regarding Khula. Key Words: Khul‘a, Judicial Khul‘a, Tansīkh e Nikaḥ, Divorce, ‘Īddat.

Medical Malpractice: An Analytical Study in the Light of Shariah & Law

Medical malpractice is professional misconduct or unreasonable lack of skill by the practitioners in the field of medicine. At present, such malpractices are not only an issue of developing countries but of developed countries as well. In Pakistan, the situation of law regarding medical malpractice has not remained very encouraging, for two main reasons. First, Pakistan lags behind in healthcare system, although its basic structure is quite similar to the world’s leading systems, that is, ‘National Healthcare System’ of England. Lamentably, this extensive infrastructure has not been translated in delivery of good healthcare due to the lack of political will, thorough supervision, insufficient legislation and inefficeinet implementation. Secondly, Pakistan, being former colony of British India, provides ‘law of torts’ to be invoked in cases of medical negligence, that has reached to commendable maturity in England nonetheless an immature segment of legislation in Pakistan. Consequently, unlike recent past, very few instances of medical malpractice were brought into litigation. However, a recent increase in number of such cases seems a good indicator to show that the law of medical malpractice has started taking roots in Pakistan under the influence of different jurisdictions. Thus, following Indian example, Pakistan has included medical services within the ambit of consumer protection laws. However, it is detestable to include medical services within the scope of consumer laws. It may lead to an acceptance to the element of consumerism in the field of medicine, which is a noble profession to serve humanity rather than a business venture for the maximization of profit. Sharī‘ah, on the other hand, provides basic guidelines regarding medical ethics and liability of medical practitioners in case of medical malpractice that may be adopted in legal system of Pakistan. Moreover, its criminal law provides a complete tariff of monetary compensation for bodily harm. Pakistan can learn lessons from Sharī‘ah and English law, in order to develop a comprehensively dedicated law on the given subject. Thus, this thesis suggests proposal for development of medical malpractice law for Pakistan in the light of Sharī‘ah and English law.