Browsing by Author "Ali, Md Rahmat"

This research conducts a comparative study between women’s rights in Islamic Jurisprudence and the viewpoints of women’s organizations in Bangladesh. The central issues of the study relate to the concepts of women’s rights, equality between man and woman, woman’s rights of inheritance and freedom. Following the inductive, analytical and comparative methods, the researcher discusses these concepts in the light of what is available in Islamic Jurisprudence and what is maintained and demanded by women’s organizations in Bangladesh. Then he conducts a comparative study between them. The result of the study reveals the fundamental differences between Islamic Jurisprudence and the feminist organizations of Bangladesh regarding the concepts of woman’s rights and her equality with man. The study also explains the necessity of appropriate understanding of the term “woman’s rights”, so that we should not take it out of its correct concept. Likewise, this research finds that both Islamic Jurisprudence and women’s organizations in Bangladesh emphasize on providing woman’s rights, but Islamic Jurisprudence is the most suitable, appropriate and useful mechanism for achieving women’s rights.

This research is a jurisprudential study of the objectives of Shari‘ah in the Ḥanafi school concerning financial jurisprudence, with a focus on the applications of the Ḥanafī jurist Ibn Nujaym (926-970 AH), while taking into account his financial jurisprudential opinions. It aims to reveal the use of the objectives of the Lawgiver in the field of transactions and financial dealings, as an important legal framework that has attracted people’s attention and tends to in the multiple financial and economic stages. The study of extracting the objectives of Shari‘ah is an important study in Islamic jurisprudence; this bright shining Shari‘ah came with lofty and honorable goals, and its rulings were revealed to achieve people’s interests and benefits in the world and the hereafter. The scholars were interested in extracting these objectives and their efforts are visible in their jurisprudential and uṣuli compilations. Ibn Nujaym al-Ḥanafi has an important position and great contributions to Islamic jurisprudence and given the importance of his status and his jurisprudential contributions, the researcher aims to discover these contributions from his jurisprudential writings. To achieve the objectives of this research, the researcher uses inductive and analytical approaches to clarify the concept of the objectives of Shari‘ah and its importance in Islamic jurisprudence, and its validity in deriving jurisprudential rulings from Shari‘ah texts, taking into account its applications in revealing the intended meaning and solving jurisprudential problems related to issues of financial transactions. This study reached several results, the most important ones are: the maqaṣid (objectives) are the aims and goals that the Lawgiver intended in establishing this great Shari‘ah, and the important meanings and notable wisdom in each of its duties, which lead people to achieve their interests and benefits in this world and hereafter. Wealth is a major objective in achieving these interests and benefits, and the Lawgiver has urged to save and develop it and made it one of the five necessary goals and the basis of life, then the Shari‘ah has taken care of safeguarding the specific and general objectives of financial transactions. Ibn Nujaym al- Ḥanafi was a distinguished jurist, scholar of Uṣul al-Fiqh and mujtahid, who had no counterpart in his time, and he addressed people’s newly arisen jurisprudential and economic issues in the light of objectives of the Shari‘ah. His applications became clear through the extrapolation of his economic jurisprudential compilations.