قرائن کے متعلق فقہی آراءکا جا ئزہ

Abstract

The protection which Islamic shariah has given to human rights, is nowhere to be seen in any other law of world. The Islamic law has closed each and every loophole which might give way to minor cruelty and oppression .If we do not permit the deduction from the circumstantial evidence and do not trust it, several pretensions would be sought which would cause the exploitation of human rights, and the transgressor will find a way to escape the punishment. The scholar and jurists of Muslim Ummah are divided about the justification and authenticity of the circumstantial evidence. One group favors its justification while the other opposes it. Those who favor it justify it in certain matters while they do not accept it in Hudood and Qisas. In our council of Islamic Ideology too, recommendations against circumstantial evidence in Hudood and Qisas are found, because law of hudood and Qisas clearly exist in Quran and Sunnah.