Al-Kashaf

The Impact of Procedural Delays on Criminal Trials in Pakistan: Causes and Solutions

Rohina Malik — 2024-12-31

The criminal justice system in Pakistan faces significant challenges due to procedural delays in criminal trials, which have far-reaching consequences for both the victims and the accused. These delays undermine the credibility of the judicial process, result in prolonged incarceration for the accused, and delay justice for victims, contributing to a loss of public trust in the system. The causes of these delays are multifaceted, including an overburdened court system, inefficient investigation processes, bureaucratic red tape, corruption, frequent adjournments, and a lack of legal awareness. These delays not only cause personal harm but also weaken the deterrent effect of the justice system, potentially encouraging further criminal activity. To address these issues, this article proposes several solutions, including increasing the number of judges and courts, improving investigation procedures, adopting technology for better case management, enhancing legal education and awareness, strengthening accountability mechanisms, and promoting alternative dispute resolution (ADR). By implementing these reforms, Pakistan can reduce procedural delays and ensure a more efficient, transparent, and fair criminal justice system.

Family Conflict Resolution in Islamic Law: Prophetic Methods and Contemporary Applications

Zeeshan Ashraf — 2024-12-31

Family conflicts are universal, transcending cultural and religious boundaries, and the mechanisms for resolving such conflicts are vital for maintaining societal harmony. In Islamic law, family holds a central position as the nucleus of society, and its preservation is emphasized in the Qur'an and Hadith. This research examines the depth and breadth of family conflict resolution methods in Islamic jurisprudence (fiqh), analyzing both classical approaches and their contemporary applications. Through systematic analysis of primary sources, including the Qur'an and Sunnah, alongside contemporary judicial practices, this study demonstrates how Islamic principles of conflict resolution can effectively address modern familial disputes while maintaining their spiritual and ethical foundations. The research particularly focuses on the Prophetic methods of mediation and reconciliation, exploring how these approaches can be integrated with modern Alternative Dispute Resolution (ADR) frameworks. Case studies from both Muslim-majority and minority contexts reveal the successful adaptation of these principles in various cultural settings. The findings suggest that Prophetic mediation techniques, rooted in ethical principles and emotional intelligence, provide effective tools for addressing modern family disputes. The study also identifies challenges in implementing these methods in contemporary settings and proposes practical solutions for legal practitioners, religious authorities, and community leaders. This research contributes to the growing body of literature on Islamic family law and conflict resolution, offering insights for both theoretical understanding and practical application in modern family dispute resolution.

Mat'a (Post-Divorce Maintenance) and Women's Rights in Islamic Law: Implementation and Application in Pakistan

Dr. Mazhar Hussain — 2024-12-31

The concept of Mat'a (post-divorce maintenance) in Islamic law establishes crucial financial protections for divorced women, yet its implementation in Pakistan remains severely limited. This study examines the complex interplay between religious doctrine, legal frameworks, and social realities shaping Mat'a implementation through a mixed-methods approach combining doctrinal analysis, comparative legal research, and socio-legal investigation. Drawing on primary Islamic sources, contemporary legislation, and judicial precedents from Pakistan and other Muslim-majority jurisdictions, the research reveals significant gaps between Qur'anic principles of justice and their practical application. Analysis of Pakistan's legal framework demonstrates how the silence of the Muslim Family Laws Ordinance 1961 regarding post-divorce maintenance, combined with conservative judicial interpretations and sociocultural barriers, creates substantial protection deficits for divorced women. Comparative analysis of successful reform models from Egypt, Iran, and Malaysia provides insights for potential legislative and institutional reforms. The study proposes a comprehensive framework for integrating Mat'a into Pakistan's legal system while addressing practical implementation challenges. These findings contribute to both theoretical understanding of Islamic family law and practical policy development, offering actionable recommendations for aligning Pakistan's legal framework with both religious principles and contemporary human rights standards.

Exploring the Functions of Ideological State Apparatuses in “They are in the Darkness and Imprisoned Law by Raza Rabbani”

Hafiz Muhammad Qasim — 2024-12-31

Ideology has re-emerged as an important topic of inquiry among social, personality, and political psychologists. It is declared a crucial element in human life, and no one can lead his life without its periphery. The article seeks to investigate the functions of ideological states apparatus in prominent politics and writer Raza Rabbani’s two short stories “They are in the Darkness” and “Imprisoned Law” with the help of Lious Althusser’s concept of ideology which is about interpellation, states and subject. Through adopting Qualitative paradigm, the research is providing different questions that are revolving in society regarding functions of ideology. No one can deny the significance of ideology in human’s life because it is one of the major tools of his life; therefore, all and sundry will have to mould his or her life according to the dimensions of ideology. Through evaluating the characters of Irfan and Amma the research has provided that how RSA (repressive status apparatuses) or ISA (Ideological status apparatuses) operate the people and how they mould humans’ lives. It is understood that ideology is a bone of contention between “capitalism” and “socialism” and lower class has lost its desires because subaltern cannot speak due to lack of power. For proclamation of ideology, different institutions are rendering their duties and compelling human flesh in the circle of ideology.

Islamization of Knowledge and the Educational Philosophy of Al-Attas – A Brief Exposition

Salman Omer Masood — 2024-12-31

This article is an effort to bring to the fore the prominent philosophy of education in Islam of Syed Naquib Al-Attas. It traces the need for the Islamization of Knowledge movement as the answer to the woes of the Ummah and outlines the importance of the right education from the Islamic viewpoint. It highlights the need for the Muslim to return to Islam and his fitrah and brings into focus the need for education and the correct approach to it. It goes on to delineate the educational philosophy of Islam given by Al-Attas, and its prominent features, including the Islamization of language, the concepts of adab and ta’dib with the latter denoting education and the former being the inculcation of ta’dib in man. The educational philosophy presented also includes the hierarchy of knowledge, where fard ‘ayn sciences take precedence in status over fard kifayah sciences. It also includes Al-Attas’ emphasis on content over method with respect to education. The article concludes by emphasizing the salience of a sound philosophy of education from the Islamic worldview and propagates the educational philosophy of Al-Attas as such a philosophy and suggests its application in the field of education being the need of the hour.

Correlation of Basic Research Evaluation Indices

Sohaib Latif — 2024-12-31

Research evaluation parameters are a benchmark to measure the scientific output of researchers. Many techniques have been used previously to measure scientific output. Although all these parameters gave a good measure of the researcher’s contribution, due to different domains and small volume of data sets, it is hard to say which parameter best measures the expertise of a researcher. This paper analyzes the application of basic research evaluation parameters on a common large dataset in a single domain and investigates their correlation. Firstly, ranking lists of indices were created to analyze the application of parameters. Secondly to investigate their relationship potential correlation of indices was accessed. The research work presented here concentrated on the Computer science domain however we suggest it should apply to other scientific domains as well.

غرائب إبراهيم النخعي رحمه الله في كتاب الغرائب و الأفراد للدار قطني و بيان تعليلها(دراسة وصفية نقدية)

Muhammad Moin U Deen — 2024-12-31

Hadith and its Sciences is one of the most important and most sacred knowledge of Islam and among its sciences, most complicated and also most important is “ilm u Ilal”. That is why no one can discover the Ilal of Ahadith except the aemmah who are skilled in this field and have absolute knowledge of all chains of a hadith and complete information about its narrators and the connection among them in the chains. Gharabah is also a kind of Ilal. This Gharabah is discovered after collecting all the chains of a hadith. There are some types of Gharabah and Taffarud. It may be accepted with some specific conditions which have been described by aemmah. This article narrates the position of “Ibrahim Al Nakhi” in the field of ilm ul hadis according to the Aemmatul Jarh w tadil. This research paper deals with some Gharaib of Ibrahim Al Nakhi and their status in the famous book of “Imam Al Dar e Qutni” named “Al Gharaib wal Afrad” from Musnad “Abdullah Ibn e Masood (R.A)” which is an important book of a great Imam in which he collected “Fard” and “Gharib” Ahadith and wrote down the Ilal of every hadith with it. There are ۶۴۰۰ Fard and Gharib Ahadith in this great book. This article describes how to find out the Ilal of a hadith? Which are the important steps for the acknowledgment of Illah? How to discover the “madar of a hadith” after collecting all the chains of a hadith from all the books of ahadith. This paper provides examples of Gharaib of an Imam and highlights that when Gharabah is accepted and when it is rejected.

نظرية المعرفة الإسلامية عند محمد إقبال: دراسة تحليلية

Md Rahmat Ali — 2024-12-31

This research focuses on the study of Islamic Epistemology in the view of Allama Muhammad Iqbal Lahori (1877-1938 AD). The philosopher Muhammad Iqbal has an important and high position in the Islamic world, which includes the renewal of Islamic thought and Islamic and Western philosophy and including the Islamic Epistemology. Given the importance of his scientific, philosophical and poetic contributions and the scarcity of a special study on it, the researchers aim to discover this Islamic knowledge and scientific contributions from his scientific, intellectual, poetic and philosophical classifications. The researchers adopt an inductive and analytical approach in studying this topic. This study reached several results, the most important of which is that Muhammad Iqbal was a great philosopher, a distinguished scholar, an influential poet, a Sufi, and a prominent Islamic thinker, unique in his time. For him, Islamic Epistemology represents an intellectual renaissance project that seeks to restore the role of Islamic civilization in leading the world scientifically and intellectually. He focused on the integration between religion and science and the importance of intellectual renewal based on revelation and reason. He is one of those who led people out of the liberation of thought from blind imitation. He sought to renew Islamic thought and link it to modern challenges. He has various scientific classifications in the field of religious thought, philosophy and poetry.