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Home > The Application of Doctrine of Necessity in Shariah and Contemporary Medical Issues With Special Reference to Family Matters and Pakistani Law

The Application of Doctrine of Necessity in Shariah and Contemporary Medical Issues With Special Reference to Family Matters and Pakistani Law

Thesis Info

Access Option

External Link

Author

Dayan, Fazli

Supervisor

Zia -ul-haq

Program

PhD

Institute

International Islamic University

Institute Type

Public

City

Islamabad

Province

Islamabad

Country

Pakistan

Thesis Completing Year

2018

Thesis Completion Status

Completed

Subject

Islamic Studies

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/12887/1/Fazli%20Dayan_Sharia_2018_IIU_PRR.pdf

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676728100018

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This research work aimed to study the Shariah doctrine of necessity and its application to contemporary medical issues. After thorough investigation of the classical treatises of the Islamic law, it is clear that necessity was not given separate and proper attention by the earlier jurists, although they have discussed it from the human life perspectives, but they did not discuss its application in medical issues related to family matters. Since, the biomedical issues we are facing today were not available at the time of the compilation of Islamic law. However, related materials can be found in different classical manuals of Islamic law, such as discussion on medication, debate on family cases of fertility and etc., but this was deemed to be insufficient to meet the present day requirements, as it is apparent from their writings that necessity had been applied by the former jurists in a state of exigency, and that is limited towards food and drinking necessity only with a view that the rule of necessity can be extended to other abnormal situations as well. That is why the contemporary scholars extended necessity to other cases and paid much attention to the protection of five basic necessities. Hence, the contemporary jurisprudence has taken the principle of necessity into account believing that the basic understanding of the rule of necessity is gradually developed in the jurists'' minds, but the available work is too deficient, as been unable to explain every aspects of the human life. Therefore, this research study is an attempt to discuss the doctrine of necessity on one hand acumen that necessity is not a free license to act otherwise of the standard rules, while on the other hand it elucidates the application of necessity to contemporary medical issues related to family matters and Pakistani law in order to avert its abuse and let the Muslims know that how the doctrine of necessity works in contemporary medical issues.
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اختر انیس

اختر انیس
ناظرین معارف کو یہ خبر سن کر بہت رنج ہوگا کہ جناب اختر انیس سینئر جنرل منیجر بی۔سی۔سی۔آئی نے لندن میں انتقال کیا، ان کا وطن اعظم گڑھ تھا اور وہ دارالمصنفین کے سب سے زیادہ حاضر باش جناب امین الدین صاحب مرحوم کے خویش تھے، اختر انیس مرحوم بڑے متین و سنجیدہ شخص تھے، بڑے عہدہ پر ہونے کے باوجود ان میں غرور و تمکنت نام کو بھی نہ تھی۔ ان کی وفات سے دارالمصنفین اپنے ایک بہت مخلص ہواخواہ سے محروم ہوگیا، اﷲ تعالیٰ ان کو جنت الفردوس عطا فرمائے، آمین۔
(ضیاء الدین اصلاحی، جولائی ۱۹۸۸ء)

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Resource Allocation in Cognitive Radio Ad Hoc Networks: A Potential Game Perspective

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