فقہ اسلامی اور مغربی قانون کا نظریہ تاثیر نیست و فعل، ایک تحقیقی و تقابلی جائزہ

Abstract

Law plays a very important and key role in the life of the nations. If law would not exist, there would not have been the thing, named peace. So every community has its own laws and maxiens by which they solve their daily life problems. We, being Muslim, claim to own a natural and the most complete law to lead a life with. It is called Islamic law or jurisprudence. This law is mainly based on the Word of Allah and sayings of His apostle Muhammada. 'Islamic jurisprudential principles and Maxims of Equity' define and explain extremely precisely the application and justification of the Islamic and western law. Moreover, it provides the procedural and documentary process of the courts. This is the guidance and role model application of the Maxims explained in the relative case studies, sampling the application of such Maxims and principles. In this article we intend to compare theory of effectiveness of intent and action in Islamic and Western law in the light of Islamic jurisprudential principles and Maxims of Equity. It aims at defining and refining the spot lighted comparison of the application of Islamic jurisprudential principles and Maxims of Equity with special reference to the Intention as prime motor of adjudication. Moreover, it also focuses on the deep study of their feasibility in the social and legal facilitation, benefit of the common people with specified reference to the sources of the set of rules and maxims. This article may play a good role and provide guidelines to the students of law.