A Comparative Study of the Basis of Decision in Sharia and International Law

نظام قضاء میں شریعہ اور بین الاقوامی قانون میں فیصلے کی بنیاد کا تقابلی مطالعہ

Authors

  • Dr Ayesha Jadoon NUML, Islamabad
  • Dr Oumar Saleem

Abstract

The basis of the decisions of the judge in Shariah is the Holy Quran. After it, decision should be made on the basis of the hadiths of the Prophet (PBUH), if Qazi/judge is unable to find the decision in both these primary sources, than he would consult the consensus of the companions. If there is a difference of opinions among the Companions on any issue, then the judge/Qazi, having a clear view on the concerned issue, should consider these statements carefully and decide on the basis of the statement which is closer to the truth. If he himself does not have this ability, then he should get a fatwa from a learned person and decide the case. Since there is no central government in the world, nor world has congress or parliament to make international law like the legislature at the national level which makes laws for the country. In this case, it is difficult to say what international law is. However, in various sources, state treaties are primarily considered the authoritative source in international law. In addition, as stated in the law of the International Court of Justice, the principles of international law are found in various forms, such as those found in the customary laws of states, as well as the general principles of law found in most countries. In all these cases, the principles of international law are found. This article presents a comparative study of the basis of decision in Sharia and International law.Key words: decision, shariah, International, Law, Judge

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Published

2022-06-29

How to Cite

Jadoon, D. A., & Saleem, D. O. (2022). A Comparative Study of the Basis of Decision in Sharia and International Law: نظام قضاء میں شریعہ اور بین الاقوامی قانون میں فیصلے کی بنیاد کا تقابلی مطالعہ. The Islamic Culture "As-Saqafat-Ul Islamia" الثقافة الإسلامية - Research Journal - Sheikh Zayed Islamic Centre, University of Karachi, 47(1). Retrieved from https://theislamicculture.com/index.php/tis/article/view/856