ISLAMIC LEGAL PRINCIPLES: THEIR ROLE AS TO COMPLEMENT NOTICEABLE GAPS IN THE CODIFIED LAWS IN PAKISTAN

Keywords: Islamic legal principles, Islamic concept of equity, Istihsan, Principles of Istisla, English concept of equity

Abstract

Islamic considerations can be a useful tool to complement laws where statutory legislation comes short of covering newly-emerging propositions supposed to be covered by the laws of the land. This research works is based on the concept of equity in the UK which plays a moderating role in the legal framework of the UK. Islamic considerations and complementary sharia principles are also concomitant in the Saudi legal system. This article encompasses an analysis of sharia principles and their role to supplement laws in Pakistan. In addition, it also sheds light on the comparable analysis of Istihsan in Sharia Law with its analogous doctrine of equity in the UK. The methodology used to conduct study for the article is doctrinal employing exploratory philosophy along with inductive approach. The conclusions drawn from the discussion of this article would have a significant impact on the on-going debate of Islamic Legal Principles and would have a significant contribution in the existing literature. Moreover, the discussion and theories debated in the article will provide a base for the future studies in the relevant area.

Published
2020-03-26