قضاء بالقرآئن کا شرعی حکم

JUSTICE WITH THE HELP OF INDICATIONS (QARĀIN)

  • Abdul Ali Achakzai

Abstract

In the lexicon, the time (Qarāin) means the indications which may have some relevance to demanded proof Io legal terminology means the evident proof which links the secret object. There is no difference of opinion to judge the dispute in the light of such indications. In several issues, we have precedents of several unanimous judgments of all four schools of thought (Mazahib.i.Arbaa). In the history of Islamic jurisprudence, the significance of (Qarāin) is proved, therefore it is necessary for the judge (Qāzi)to consider such indications to decide a dispute lawfully. In the contemporary age a Post mortem, D.N.A. test, Blood test, use of Audio /Video equipment as well as "Elm.ul.Qiafah” and the last moment statement of the murdered person have the status of “Qarāin”. The mentioned technique is an important principle in Islamic jurisprudence to decide a disputed matter. Though it is an authentic source of proof in Shariah and jurists have derived many laws from it, yet it is not clear and authoritative proof, therefore in the matters of “Had ood /Qisas" full punishment "Hadds should not be implied. However discretionary punishment "Tazeer" can be imposed which is more careful. In no case "Qarāin” can be neglected because it helps the real evidences and facilitates the count to issue the charge sheet.

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Published
2021-07-18