PKPolitics Discuss » Social and Cultural Issues

Let us know the 73 Constitution?

(8 posts)

  1. nahda
    Member

    let us start from this doc.
    http://www.khilafat.dk/pdfdata/73_constitution.pdf

    Posted 3 years ago on 08 Feb 2009 12:03 #

  2. Leftist
    Blocked

    well, then who (individual or group)should have authority to make constitution if not the parliament?

    is there any example of "islamic constitution" in modren world?

    kindly answer instead of giving reference or link, if possible..................

    Posted 3 years ago on 08 Feb 2009 17:31 #

  3. KHAN_Sahib
    Member

    This constitution is dead and we are wasting time to do a CPR on this Dead document. Pakistan needs a NEW constitution and not a copy and paste document from Indian and british books!

    Posted 3 years ago on 08 Feb 2009 20:48 #

  4. nahda
    Member

    Sovereignty is for Allah (Subhaanahu Wa Ta’Ala) and not for the People therefore Allah(swt) is only Legislator.A Mujtahid with the knowledge of Arabic and Quran and Sunnah extract the Hukm shari for the given issue.

    State has right to adopt the hukm with the dilal from the Qurn and sunnah.

    Out of the Muslim countries of today, there is not a single country or state where Islamic laws are exclusively implemented in ruling and life’s affairs therefore there is no any state with "Islamic Constitution.

    Posted 3 years ago on 08 Feb 2009 22:06 #

  5. Fahim23
    Member

    @nahda

    In more thn 14 century old muslim history, how long we have had Khilafah? Do you consider Mughal empire, Ottoman empire, Mumluks, Fatmids Islamic caliphates? Would appreciate your views/answers.

    Posted 3 years ago on 08 Feb 2009 22:51 #

  6. KHAN_Sahib
    Member

    "In more thn 14 century old muslim history, how long we have had Khilafah? Do you consider Mughal empire, Ottoman empire, Mumluks, Fatmids Islamic caliphates? Would appreciate your views/answers"

    SAME QUESTION TO BRO REVIV! I will be interested to read your view in your own time plz.
    Thanks

    Posted 3 years ago on 08 Feb 2009 22:52 #

  7. Leftist
    Blocked

    to Nehda,

    1) Who will decide that who is "Mujtahid with the knowledge of Arabic and Quran and Sunnah"?

    2) What would be the process of agreeing upon on one Mujtahid?

    3) searching and following one Mujtahid will do nothing except creating one more sect in Muslims. They have already so many.................. Take pity on them please.

    Posted 3 years ago on 09 Feb 2009 1:22 #

  8. nahda
    Member

    these issues required that first we know what Ijtihad is:

    The Sahabah (ra) used to make ijtihad in the time of the Messenger of Allah (saw) and differ in their deduction of ahkaams and the Messenger (saw) accepted this. This can be seen in the following incidents:

    1- Bukhari narrated from Aisha that when the Prophet (saw) returned from the battle of khandaq (ditch) and laid down his arms and took a bath. Jibrail came and said “You have laid down your arms? By Allah, we angels have not laid them down yet. So set out for them.” The Messenger (saw) asked, “where to go?” so Jibrail pointed towards Banu Quraiza. The Prophet (saw) instructed the mu`azzin to give azan and so he announced to the people: “Whosoever hears and obeys he should not pray Asr except in Bani Qurayzah.” So they headed towards the fortresses of Bani Qurayzah, however they had different understandings of what the Messenger (saw) had said to them. Some took the literal meaning and they did not pray until they reached Bani Qurayzah after maghrib. And others took it to mean that they should go there quickly, so they prayed Asr in Madinah or on the way. When the Messenger (saw) heard about this he accepted the action of all them. [Bukhari: 894, 3810 Muslim: 3317]

    2- The saying of the Prophet (saw) when he sent Mu’az as Qadi to Yemen: “By what will you pass judgement?’ He said: By the Book of Allah. The Prophet (saw) said: If you do not find it there? He said: By the Sunnah of the Messenger of Allah (saw) .He said: And if you do not find it ? He said: 'I will exercise my own ijtihad’ He (saw) said: ‘Praise be to Allah who has made the messenger of the Messenger of Allah to accord with what Allah and His Messenger loves.” [Ahmad: 5/230, Abu Dawud:3592, at-Tirmizi:1327, al-Hafiz said in his Talkhees: Ibn Tahir said: it has two lines of transmission both of which are not authentic. At-Tirmizi said: he does not know of this hadith except from this line of transmission. The isnad is not muttasil (connected throughout) but it has become well known amongst the people and their acceptance of it has strengthened it.]

    3- The hadith of the Messenger (saw): “If a judge passes judgment and makes Ijtihad and he is right then he will have two rewards. And if he makes a mistake he will have one.” [Agreed upon (muttafaq a’alayh) from the hadith of ‘Amr b. al-‘Aas and Abu Hurayrah. Bukhari: 7352, Muslim: 1716.]

    4- The Messenger of Allah (saw) made Sa’d b. Mu’az to judge over Bami Qurayzah so he gave the judgment that they should be killed and their offspring to be taken prisoners. The Messenger (saw) said: “You gave have given a judgment that is from above the seven arki’ah.” [Muslim:1761, Ahmad: 2/22]

    From these examples we can see that the SaHabah used to make ijtihad in the time of the Messenger (saw) and that he used to accept their ijtihads and tell them that the one who got it right will get two rewards while the one who got it wrong will get one.

    Posted 3 years ago on 09 Feb 2009 17:47 #

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