System of divorce procedure in Pakistan:
To know the system of divorce procedure in Pakistan through divorce lawyer in Pakistan please contact Nazia Law Associates. Sunni law deems mut'a to e nothing more prostitution sanctioned by Shi 'i jurists. For the Sunnis, nikah is the only possible form of marriage, which is lifelong in principle. Of course, the ease with which the husband may start divorce procedure in Pakistan through divorce lawyer in Pakistan of the union substantially qualifies this assertion in practice.
The Originality of the Shari’a Orthodox Muslim opinion regards the Shari'a as completely original. To what extent does the Shari'a owe a debt to other systems of law? Certainly, Islam was wholly original in so far as its principal sources are unique: the Qur'an and the practice of Muhammad.
It is also true to say that with the expansion of Islam into a new, conquered territory, every attempt was made to Islamicise Again, the maintenance of the personal principle of law assists in the maintenance of purity in the Shari'a, rendering it less vulnerable to infiltration of ideas not owing their origin to these two principal sources of divine knowledge But it is hard for the western scholar to accept such opinion without qualification.
On the other hand, western scholars have been — in the past at least — guilty of gross exaggeration of the influence of other legal systems, Particularly the Roman, on Islamic law of divorce procedure in Pakistan through divorce lawyer in Pakistan. One would not expect an acknowledgment of Roman authority for any proposition of law was appearing in an Islamic text — such being quite incompatible with an exposition of a legal system whose only authority is Allah's will (although certain works of philosophy in Islam do acknowledge Greek influences). But this proves nothing as to whether or not there was any conscious and direct borrowing by Islamic scholars from the Roman System.
There are likenesses and similarities between certain institutions in the systems of divorce procedure in Pakistan through divorce lawyer in Pakistan which appear more than Coincidental and seem likely to have been drawn, consciously or not, from Roman and Talmudic law by the Islamic lawyers. Moreover, it is simply impossible to ignore, as the classical theory does, the profound influence of local tribal, customary law which existed in Arabia long before Islam, in a people for whom tradition, the trodden path, is central to its civilization, as well as the customs of contemporary and earlier civilizations.
There seems little doubt that from the 7th century A.D., Islamic thought began to draw from the Jewish—Christian scholars whose work was so heavily impregnated with Hellenistic thought and rhetoric and the Roman tradition; it seems unbelievable that the many converts to Islam who had been brought up in these traditions should not impart some of their ideas into the new faith and since the law was an important part of the education of such people into the law of divorce procedure in Pakistan through divorce lawyer in Pakistan.
It appears likely that methods of taxation, waqf, and emphyteusis were all derived from foreign sources. Schacht gives two examples of alien principles which enjoyed temporary currency in Islam in the first century of the Hijras those of a penalty of twice the value of an object stolen (from Rome) and the permanent bar to a marriage between persons guilty of adultery (from Christianity.
He may ask a question as to what will happen to the unity of Islam so firmly secured by Imam Abu Hanifa and Imam Al—Shafi by extending Ijma' to every age if Legislative Assemblies of Muslim countries are to perform the function of Ijma' independent of each other regarding talaq procedure in Pakistan through lawyer in Lahore Pakistan.
The unity shall, no doubt, be impaired. Still, we may venture to suggest that the remedy perhaps lies in the setting up a World Commission of Islamic Ideology and a common Islamic Research Institute, as envisaged in our Constitution of 1962. To begin with, it may restrict the scope of such a Commission to consultation and research. In due course, by mutual consent, it may acquire the authority to enforce its views on the member—States as the International Court of Justice at Hague and the United Nations Organization exercise over the States who have subscribed to their Charters.
The conclusion that it should draw from the above discussion is that Ijma' is a law—making—making source in Islam. Still, it is not feasible to resort to it in an orthodox sense in the present conditions for talaq procedure in Pakistan through lawyer in Lahore Pakistan
The Legislative Assemblies are perhaps the only bodies that may perform this function, and to interpret and apply the laws to be enacted by them in conformity with the Qur'an and Sunnah is the duty of the Courts. Qiyas. The fourth source of law in Islam is Qiyas, comparable to legal fiction in western jurisprudence. It is based on Qur'an, Sunnah, and Ijma'
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