Journal of Islamic Studies - Kabul University

The Distinction between Plaintiff and Defendant: An Analytical and Comparative Study in Light of Hanafi Jurisprudence and Court Practices in the Islamic Emirate of Afghanistan

2025-06-28T15:23:30+00:00

The distinction between plaintiff and defendant is one of the most crucial and nuanced issues in judicial processes, as its correct determination dictates the burden of proof, making an understanding of its criteria pivotal for achieving justice and facilitating judicial procedures. This research aims to conduct an in-depth study and analysis of the criteria and standards established by Hanafi jurists for distinguishing between the two parties and to compare them with contemporary applications in the courts of the Islamic Emirate of Afghanistan. The research consists of an introduction, three main sections, and a conclusion. The first section addresses the concept of daʿwā (lawsuit) and the importance of distinguishing its parties. The second section outlines Hanafi criteria, accompanied by discussions, while the third section compares these jurisprudential criteria with the Afghan judicial system. The study employs descriptive-analytical and comparative methodologies. The research concludes with significant findings, notably that Hanafi jurisprudence offers a precise and comprehensive system of criteria, though some require careful consideration in application. Furthermore, contemporary judicial practice in Afghanistan strives to reconcile these established jurisprudential principles with practical realities, demonstrating a high degree of congruence thereby opening avenues for continuous development in the service of justice.

The Ruling on Trimming the Beard to Less Than a Fist in Hanafi Fiqh

2025-06-28T15:24:21+00:00

This research addresses the issue of trimming the beard to less than a fist's length within Hanafi jurisprudence (Fiqh). It clarifies that the beard is one of the Sunan al-Fitra (innate practices) and a manifest symbol of Islam. The Prophet Muhammad (PBUH) explicitly commanded letting the beard grow, as stated in his saying: "Differ from the polytheists: let your beards grow and trim your mustaches short" (Sahih Bukhari 7/160). Most jurists (fuqaha) from the Hanafi, Maliki, and Hanbali schools of thought consider shaving the beard to be unlawful (haram) and assert that trimming it to shorter than a fist's length is impermissible. Prominent Hanafi Imams, such as Ibn Abidin, Al-Zayla'i, and Al-Haskafi, have explicitly stipulated this position. Furthermore, it is established that some Companions of the Prophet (PBUH), including Ibn Umar, Ali ibn Abi Talib, and Abu Hurayrah (may Allah be pleased with them), would grasp their beards and trim what extended beyond their fist, indicating the permissibility of this specific action (i.e., trimming the excess beyond a fist) as we see that some of the Muslims in Islamic Context imitate from westerners. Most of them trim and grow their beard less than a fist. They do not have information regarding the Sharia orders in this regard, or they are unaware of their value and importance in Sharia. Therefore, the current article focuses on this problem, and scholars' quotes are mentioned and analyzed in this regard. Notable quotes (Rajih) are cited, along with their reasons. The research emphasizes that letting the beard grow (I'faa al-Lihya) is an act of worship (Ibadah) with moral, religious, and social impacts. Negligence in this regard is considered a violation of the purified Sunnah of the Prophet (PBUH). In conclusion, the study determines that trimming the beard to less than a fist's length is not permissible (ghayr mashru'). According to Hanafi jurists, it is considered Makruh Tahrimi (prohibitively disliked). This ruling is due to such trimming constituting a resemblance to non-believers and effeminate men and because it represents an apparent deviation from the guidance of the Prophet Muhammad (PBUH) and the consensus (Ijma') of his noble Companions.

The Reasons for the Differences Among Maliki Jurists According to Ibn Shas Al-Maliki in his Book "عقد الجواهر الثمينة"

2025-06-28T15:25:10+00:00

This research aims to identify the reasons that led Maliki jurists to differ in jurisprudential branches despite their agreement on major principles. This is achieved through a Maliki book that addresses these differences across various topics. The significance of this research lies in its comprehensive examination of all the issues presented in the book, which includes specific reasons related to particular matters and organizes them under major causes linked to the foundations of jurisprudence, its rules, or principles, the sciences of hadith, the rules of Arabic, differences in ijtihad, or contextual application. The goal is to understand the factors influencing jurisprudential disagreements and to know how branches are built upon the foundations. An inductive approach was employed to extract the reasons explicitly stated by the author, such as "the cause of disagreement and its origin." At the same time, an analytical method was employed to examine these issues and illustrate the impact of the reasons for disagreement on them, with a specific jurisprudential branch serving as an example.

Metaphor in Qur'anic Discourse Between Grammar and Rhetoric: A Pragmatic Study

2025-06-28T15:23:43+00:00

This study aims to elucidate the commonalities between grammar, rhetoric, and modern pragmatics, and to explore how these disciplines can be effectively utilized and applied to Qur’anic discourse. Its significance lies in bringing the audience closer to the concept of metaphor as a central topic in Arabic rhetoric, while highlighting the areas of convergence and similarity between metaphor and grammar, as well as between metaphor and modern pragmatics. These fields all share a concern with meaning and the meaning beyond the literal, according to the context of speech and the speaker’s intent. Rhetoric, by its nature, presupposes grammar and operates within its principles and rules. The function of metaphor is to clarify the intended meaning or the implied meaning derived from context. This new layer of meaning is referred to in pragmatics as implicature—that is, the addressee goes beyond the literal interpretation of the utterance to grasp an additional or alternative meaning based on the usage context. The study recognizes the importance of linking words with meanings, as words hold no value in the absence of grammatical meaning. The two work in tandem within specific linguistic contexts. On this basis, Al-Jurjani developed his theory of nazm (composition), which is founded on the interplay between grammar and rhetoric. This theory was used to interpret aspects of Qur’anic inimitability through the descriptive-analytical method, aiming to describe and analyze selected Qur’anic verses and demonstrate the syntactic-semantic relationships that manifest the integration of structure and meaning.

The Role of Maliki Jurisprudence in Managing Relations with Non-Muslim Religious Minorities: A Foundational and Practical Study

2025-06-28T15:25:23+00:00

The research focuses on organizing and managing relationships with non-Muslim religious minorities in Islamic societies, combining theoretical foundations with practical applications within the Maliki school of thought. Its significance lies in offering a jurisprudential approach to understanding how this school addresses various issues related to this group amid contemporary challenges, thereby promoting tolerance and peaceful coexistence between Muslims and others in Muslim societies. The primary objective of this study is to highlight the richness, flexibility, and openness of Maliki jurisprudence by examining its rulings, solutions, and applications. It also seeks to foster a culture of tolerance and coexistence within this framework while demonstrating how it can be utilized alongside other Sunni schools to address modern challenges and ensure the rights and protection of minorities. This, in turn, strengthens mutual respect and global peace. Given the nature of the topic, the study employs an inductive approach to establish its foundations, complemented by a deductive method to identify practical models applicable to contemporary realities.

The Relationship Between Quranic Readings and Grammatical Rules

2025-06-28T15:24:46+00:00

There is no doubt that the Qur’anic readings are closely linked to the Arabic language and Arabic grammar, as neither of them can do without the other. Therefore, this study came to clarify the emergence of grammar and the stages of its development, and the emergence of the science of Qur’anic readings and the stages of its development, and then highlight the relationship of grammar to the Qur’anic readings, and clarify the position of the people of Arabic regarding the argument and citation of the Qur’anic readings, in abundance. Few, and in this study, the two methods were relied upon: inductive and analytical, as the inductive method was used in research and tracking the time of the emergence of both the science of grammar and the science of readings, then the time of origin and development, with clarification of the relationship of the two sciences to each other, and among the results that the researchers concluded was that the study in the science of Quranic readings and Arabic grammar in it There are many benefits and multiple advantages, as through this, many legal rulings are extracted and deduced that people need in their worldly life, and that benefit them in their afterlife because the Qur’anic verses with their multiple grammatical aspects contain various rulings. Also, among the research results was that Arabic grammar began to emerge during the caliphate of Ali ibn Abi Talib- may God be pleased with him and satisfy him - as fragments of composition began to appear little by little, then grammar began to develop, schools appeared, debates and discussions arose, and the first motive for composition in grammar was the fear of the corruption of the Arabic language and the spread of incorrect pronunciation in it.

Thinking and Creativity From The Era Of The Companions - May God Be Pleased With Them - To The Modern Era: An Analytical Study

2025-06-28T15:23:56+00:00

The purpose of this research was to examine such development in the thinking and creativity in Islamic civilization during the age of the Companions (may Allah be pleased with them) and up to our modern times in modern times. It had a literature gap in the sense that most studies on the scholarly literature so far were more general and abstract or focused on religious contributions, without a clear line of application on how embracing intellect was achieved in the various Islamic epochs. The research employed a historical-analytical approach to trace the development of intellectual practices that formed the cognitive basis of Islamic society, beginning with the creative reasoning of the Companions and continuing through the intellectual booms of the Abbasid period and the institutional strength of the Ottomans. The study also examined the nature of this legacy in relation to modern-day developments, such as the digital revolution and globalization. It was accepted that Islamic values and traditions did not ignore or reject creative thinking, and the combination of revelation and rational exploration, together in the pursuit of human welfare and societal development, did not overlook the role of creative thinking. This intellectual heritage has great potential to support the modern education system, as well as critical and creative thinking in accordance with conclusions drawn at the end of the study. In line with this, they suggested incorporating Islamic models of thought into educational programs, funding research in the field of science, and encouraging international intellectual endeavors to maintain a balance between authenticity and innovation, which makes Islamic creativity a progressive and ongoing process.

Civilizational Features of the City of Kufa in Early Islam

2025-06-28T15:24:34+00:00

Kufa was established during the rule of the Amir al-Mu’min Omar Al-Khattab in the year 17 AH for only military objectives. However, within a short period, it evolved into a cultured city that substantially contributed to the development of Islamic civilization across several domains. The research aims to clarify the Egyptianization of Kufa, including its motivations behind its establishment, its significance in the conquests of the Islamic East, and its early historical characteristics across various fields, such as political, religious, administrative, social, economic, and cultural. The study employs a historical, descriptive, and analytical methodology. The researcher generated numerous findings, the most significant of which is that the selection of Kufa as the site for establishing an Islamic camp was not arbitrary but rather the result of a meticulous investigation and ongoing evaluation. The establishment of Kufa was motivated by two primary elements: military and geographical considerations. Kufa, since its beginnings, has been instrumental in the conquests of the Islamic East and has served as a center of knowledge, producing esteemed figures such as the distinguished imam Abu Hanifa al-Nu'man, the prominent poet Abu al-Tayyib al-Mutanabbi, the eminent philosopher al-Kindi, the chemist Jabir ibn Hayyan, and the grammarians al-Kisa'i and al-Asma'i - may God Almighty have mercy on them all.

Crimes Committed by Holders of Diplomatic Immunity: A Comparative Legal and Jurisprudential Study

2025-06-28T15:24:58+00:00

This study, titled "Crimes of Holders of Diplomatic Immunity: A Comparative Legal and Jurisprudential Study," aims to examine how crimes committed by individuals with diplomatic immunity are handled in Islamic jurisprudence compared to international law. The study is divided into four sections: the first explores the concepts of crime and diplomatic immunity, the second delves into the jurisprudential basis of diplomatic immunity, the third analyzes the philosophical justifications and types of diplomatic immunity, and the final section discusses judicial immunity in both law and jurisprudence. The study's key findings highlight that international law and Islamic jurisprudence align in offering personal and financial protection to diplomats, their missions, and premises, with Islamic jurisprudence taking precedence in these matters. Diplomats are accountable under Sharia law for all crimes they commit, whether these crimes involve individual or collective rights, according to predominant opinions. Diplomats may be exempted from punishment if the crime concerns community rights and its punishment is discretionary, subject to the ruler's judgment. This is particularly the case when enforcing the punishment could cause significant difficulty for the Muslim state, in line with the principle: "The actions of the imam regarding the subjects are based on the public interest."

Taʿlīl in Qiyās According to Ahl al-Sunnah: Its Concept and Criteria

2025-06-28T15:24:09+00:00

This study examines the concept of taʿlīl (rationalization) in qiyās (analogical reasoning) as understood by the scholars of Ahl al-Sunnah wa al-Jamāʿah, emphasizing its foundational role in legal deduction. It defines taʿlīl, clarifies its significance, and distinguishes it from ʿillah (effective cause), ḥikmah (underlying wisdom), and sabab (legal cause), enhancing the precision of legal reasoning. The study outlines key methodological criteria for applying taʿlīl, including strict adherence to scriptural sources, clarity of ʿillah, and its direct relation to the legal ruling, ensuring coherence with the objectives (maqāṣid) of Shariah. The paper highlights how taʿlīl enhances the flexibility of ijtihād, enabling scholars to address contemporary issues while preserving the core principles of Sharia. Employing an analytical method, it investigates foundational texts within the framework of qiyās and legal deduction, aiming to balance the immutable values of Sharia with evolving realities. In conclusion, the study stresses the vital link between taʿlīl and maqāṣid in ensuring the soundness and contextual relevance of Islamic legal rulings.