PJIR | Pakistan Journal of Islamic Research - Multan

پاکستان جرنل آف اسلامک ریسرچ

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN, PAKISTAN
ISSN (print): 2070-0326
ISSN (online): 2618-0820
Abstract

In every age, history witnessed a unique lego-political system in various parts of the world. Swat, being a famous part of this planet, had seen the same. The legal system of this part, at the time of Wali Swat, was based, according to some legal historian, on both religious and cultural norms – the two factors which mostly form the legal system of every civilized nation. However, some renowned experts of historical jurisprudence had a contradictory opinion.  The present work aimed to find out whether the legal codes, prevailing at that time, was based on the principles of Sharī’ah (Islamic law) or that was based on conventional law. To investigate the issue in a critical way, Hukam Namī (legal verdicts) of that particular time had collected from various authentic and reliable sources. Following this, such legal verdicts were then studied in the light of Islamic law.  While doing so, the work of both classical and contemporary Muslim jurists (Fuqahā) had resorted. The work of the Hanafī   jurists had cited more comparatively to the work of other schools of interpretation – owing to the fact that previous had been followed by the people of this region. Finding showed that the legal verdicts of Wail Swat were mainly based on the principles of Sharī’ah. However, cultural norms and traditions had also been inculcated in the legal spectrum of that time- though to very little extent. Content analysis technique, one of the most important research tools in qualitative research, had been followed for the investigation of the issue.

Author(s):

Subject Specialist, Department of Islamic Studies, GHSS Shawar, Swat, KPK.

Pakistan

  • saifu6565@gmail.com

Lutfullah Saqib

Author/Reviewers

Associate Professor, Department of Law and Shariah, University of Swat, Khyber Pakhtun Khwa.

Pakistan

Details:

Type: Article
Volume: 23
Issue: 2
Language: Urdu
Id: 63aeb0ef729e8
Pages 33 - 58
Discipline: Arts & Humanities
Published December 31, 2022

Copyrights

© 2008-2018 Islamic Research Centre, Bahauddin Zakariya University, Multan, Pakistan.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.