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Title فقہ الجنائی میں سد الذرائع کا اطلاقی پہلو ( عصر حاضر کے تناظر میںتجزياتی مطالعہ)

Author(s) Mr. Muhammad Aminuddin

Abstract Islam has provided a system of punishments for the eradication of crime and corruption, which is playing an effective and active role in it.Criminal jurisprudence of Islamic system stops from committing sins and crimes and their fear as a Sadd -al- Zaraiah stands between man and crime.The Islamic Shari'ah has prescribed these punishments based on Qisas, Hadood, and Ta'zeer as a means to prevent sedition and corruption, oppression and aggression, murder and sabotage, and to suppress crime and oppression. In fact,the mechanism of Sadd -al- Zaraiah is working in the background of most criminal laws. Behind the punishments, the practical application of this principle seems to be driven.so the subject of of Sadd -al- Zaraiah is not only the crime, but his addressee is that specific psychological background also, where the seeds of crime grow. Sadd -al- Zaraiah is one of an effective tool for eliminating the causes of crimes in the principles of Islamic jurisprudence and an acknowledged secondery source of islamic law.In a number of issues in the Islamic Shari'ah, the principle of "Saad-Zarai has been taken into account. This rule is very important for in beliefs, worship, affairs and crimes, etc and the concept is based on the S̲ h̲ arīʿa’s tendency to prevent evil.Technically, it means blocking the permissible acts which lead to evil and it sets the rules to avoiding illegal matters and crimes.The importance of applied aspects of Sadd -al- Zaraiah in Criminal Jurisprudence can be gauged from the fact that its protects the objectives of the Shari'ah and affirms the principle, which is based on the attainment of good and the elimination of corruption. This principle can keep away the offender from committing a crime and eliminating the sources from society because this principle not only encourages the elimination of the causes of crime but also sets forth the rules and regulations for its prevention in precautionary arrangements.The principle plays an effective role in overcoming the problems facing the Muslim Ummah and Pakistan today. It is hoped that it would pave way for further research in the field.This thesis presents detailed arguments and evidence on the importance of applied aspects of Sadd -al- Zaraiah in Criminal Jurisprudence and that how to control the causes of crimes in Contemporary Context. The solution to this problem is described in the light of the principle of Islamic jurisprudence " Sadd -al- Zaraiah".

Type Thesis/Dissertation PhD

Faculty Social Sciences

Department Islamic thought & Culture

Language Urdu

Publication Date 2023-03-29

Subject Islamic Studies

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