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Current Ideality of Docīty (Hirābah) in Hanafī's and Zāhirī's Perspectives

تلخیص
There are five core objectives of Islam behind the Islamic teachings. Establishment of Peace has been the main goal of Muslim Ummah. Both internal and external peace processes are included in it. In order to maintain internal peace, Islam has issued orders for the protection of individual's life, property and honor. Islam has also prescribed punishments to offences for safeguard individual and society in the world. These prescribed punishments or Ḥudūd are fixed and neither can be increased, nor decreased. Judges, any political authority or the family of victim can't waive these punishments. The object of Islamic law is to control the commission of the offences to defend the rights and interest of the public and assure peace in the society. Punishment is the actual method to protect and safeguard society against crimes and is thus a social need. In this article, Hirābah (Docīty) has been discussed in the light of Hanafī and Zāhirī Jurists' views. First part is about Hanafīs' views and the second part is about Hafiz Ibn Hazm al- Zāhirī's views regarding Hirābah (Docīty). After that, a comparative study of both Hanafī and Zāhirī jurists' views and its relationship with modern era has been tried to discuss in this article.

Abul Khalil Abdul Ghaffar, Hafiz Abdul Majeed. (2020) احناف اور ظواہرکی آراء کے تناظر میں حد ِحرابہ کی عصری معنویت, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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