Abstract
This paper throws light on the judicial character of the Holy Prophet (PBUH) as a judge and its accomplishment during the court proceedings by Pakistani judiciary. It aims to explore that being a judge, the Holy Prophet (PBUH) ever adopted flexible interpretive modes and that the interpretive rules established by the Prophet (PBUH) are universal by nature and can be applied to all types of the laws, i.e. divine and positive. The contemporary judicial system of Pakistan however, could not succeed to accomplish the judicial rights of Mustafa (PBUH) due to lack of scientific understanding of the sciences of the Qur’an and interpretive modes of the Prophet Mustafa (PBUH). This article thus, suggests that it is primary duty of the contemporary Muslim judges to have deep understanding of the Qur’anic language, its legislative modes and ways of interpretation. To achieve this goal, the process of ijtihad should be understood in the light of the practices of the Mustafa (PBUH), his companions and the traditional Muslim jurists. An effort to do ijtihad without deep understanding of the sciences of the Qur’an and the interpretive measures of the Prophet (PBUH) should not be declared permissible.
Keyword(s)
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