Analytical Study of Modern Medicine and Psychological Case of Excuse in the Islamic and National’s Laws Context

فقہ اسلامی اور مروجہ ملکی قوانین کے تناظر میں عذر کی جدید طبی اور نفسیاتی صورتوں کا تجزیاتی مطالعہ

Abstract

Shariah is comprised of five main branches: adab (behavior, morals and manners), ibadah (ritual worship), i’tiqadat (beliefs), mu’amalat (transactions and contracts) and ‘uqubat (punishments). These branches combine to create a society based on justice, pluralism and equity for every member of that society. Furthermore, Shariah forbids to impose it on any unwilling person. Islam’s founder, Prophet Muhammad, demonstrated that Shariah may only be applied if people willingly apply it to themselves—never through forced government implementation. Muslim jurists argued that laws such as these clearly mandated by God, are stated in an unambiguous fashion in the text of the Qur'an in order to stress that the laws are in and of themselves ethical precepts that by their nature are not subject to contingency, context, or temporal variations. It is important to note that the specific rules that are considered part of the Divine shari'a are a special class of laws that are often described as Qur'anic laws, but they constitute a fairly small and narrow part of the overall system of Islamic law. In addition, although these specific laws are described as non-contingent and immutable, the application of some of these laws may be suspended in cases of dire necessity (darura). Thus, there is an explicit recognition that even as to the most specific and objective shari'a laws, human subjectivity will have to play a role, at a minimum, in the process of determining correct enforcement and implementation of the laws.