قواعدِ فقہیہ اور مغربی قواعدِ نصفت(Maxims of Equity) کا تعارف و ارتقاء ایک تجزیاتی مطالعہ

Abstract

‘Islamic jurisprudential principles’ (Qawaid-e-Fiqhiya) possess the top priority in Islamic Jurisprudence and ‘Maxims of Equity’ (Qawaid-e-Nisfat) in the Western Law; which help in the comprehension of the former systems. They explain very precisely the juristic debates in the shape of principles and regulatory practices which relates to one or more topics and their most aspects. 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. These Maxims provide us the very basis on which both the systems have their logical structure. If a person is well versed in these Maxims he feels no difficulty in understanding and solving the Juristic complications. Therefore, these Maxims help us in understanding the basic trend and contemporary philosophy of Islamic Jurisprudence and Western Law. Practically speaking, these maxims are the helping organ of states and nations because they tend to create and establish the codes of law which is inevitable in the safeguard of social and physical borders any where irrespective of the caste and creed, color and culture.