كلمة الشكر و التقدیر

اسلامی مملکت کے بین الاقوامی تعلقات عصرحاضر کے تناظر میں

Islam where considers the superiority of law, provision of justice and equity, building and purification of civilization and emphasis on the welfare of society, there ensures the first priority to humanity, peace and prosperity in the external relations. Islamic state keeps relations on the basis of equality with the world and non-Muslim citizens living within the state. On this belief and ideology Islam invites the world to set together. Islam on these principles of Islamic ideology and belief sets the foundation of collectiveness. On this principle the whole philosophy of life and living system are embraced, and the same Islamic law is the foundation of nations, on this behalf the Islamic state organized the relation with other states. In this way Islamic state on these principles keep relations with other states and within the state relations between Muslim and non-Muslim citizens on the basis of brotherhoods, equality, mercy and the principles of dignity of human being. Along with peace Islam set the principles of war which comprise ethical and prison limitations, duties and ethics amongst warrior, difference between the rights of fighters and non-fighters, treatment with pact holders and prisoners, and specified the way of better treatment with the defeated nations. He thought the manners of war to bloody man who consider everything right during the war. Islam lays great stress on equality, social justice, brotherhood and peace not only in state but across the boarders too. In this article a deep study is done to explain the relations of an Islamic state with other states. Islamic foreign policy emphasizes on the principles of equality among all the human beings and all the races and nations. Islam builds international relation on humanitarian basis.

Western Scholarship on ORIGINS of Islamic Law an Analytical and Critical Study

Orientalism is an ancient tradition of Western scholarship which portrays Islam, Muslim societies and Arabs in negative manner. Orientalist tradition was extended to Islamic legal scholarship during colonial era. Ground breaking publication of a Hungarian orientalist Ignac Goldziher (d.1921) `Introduction to Islamic Theology and Law' (1910) became the basis of all future writings on this subject. Joseph Schacht (d.1969) a German orientalist carried his work in Goldziher's footsteps and published `Origins of Mohammadan Jurisprudence' (1950) and 'An Introduction to Islamic law' (1964) which laid the foundations of Islamic legal orientalism in academic writings of the Western world. With the advent of orientalist tradition in USA during the Cold War era, leading American universities established Oriental Studies, Near Eastern Languages and Cultures and Middle Eastern Studies departments which worked closely with U.S. State department and Foreign Affairs department to facilitate the goverhment to establish political hegemony over the Middle East and the Muslim world. Two major assumptions put forward in the academic debate by the West on 'Origins' of Islamic law were inauthenticity of hadith literature and influence of pre-Islamic non-Arab laws on the development of Islamic law. This dissertation carries out critical analysis of writings of Western scholars during cold war era through post 9/11 era to date, on these two issues. The objective of this research is to study the shift in paradigms, trends, approaches and methodology adopted by Western scholars of 21' century in their writings on Origins of Islamic law and to see how this scholarship is related to European and American political hegemony over the Muslim world. Writings of Harald Motzki, Jonathan Brown, Wael Hallaq and Patricia Crone and a few more are selected to analyze 21' century Western scholarship. Responses, rebuttals and critiques on the assumptions put forward by Western scholars of 20th century are also part of this dissertation. A shift in trend and methodology is observed in 2l' century Western scholarship on Islamic law but the essential paradigms for the study remain the same thus putting forth similar results. It is also observed that Western scholarship on Islam is strongly connected with its political hegemony over the Muslim world. Methodologically Western scholarship has shifted from 20th century philological zeitgeist to 21' century social science research but it remains within the orientalist problematique. Thus Islamic law is portrayed as an essentially defective legal system and hadith literature the second primary source of Islamic law remains inauthentic in Western scholarship. However there are scholars who are aware of the fact that they are not to become hostage to biased paradigms and inadvertent commitments to political agendas in order to promote academic honesty.