Legal Capacity

35 Pages Posted: 4 Sep 2011

Date Written: August 8, 2011

Abstract

Legal Injunctions have two aspects, positive i.e. commandments and negative i.e. Prohibitions. Positives are again of two kinds, namely, requiring strict compliance and concessions. Strict compliances is of four kinds, namely, Fard, Wajib, Sunnah and Nafl. A fard is that act which is established by definitive proof beyond any doubt as by the Holy Qur'an and the Hadith Mutawatir, provided there is no specification and Ijma' provided there is no Ahad and the Qiyas based on Mansus 'alayh. Fard is again of two kinds 'ayn and Kifayah. Sunnah is of two kinds Sunnah Huda Sunnah Zawa'id. Sunnah Huda is Mu'akkadah and Ghayr Mu'akkadah.

The negartive side is of two kinds i.e. Haram and Makruh. Makruh is further divided into Tahrimi and Tanzihi.

Man is responsible and this responsibility is when he has the capacity to do or abstain from doing according to the Injunction. Islam is a perfect way of life wherein every thing is clearly stated and it is simple and practicable way. There is no bifurcation of secular and religious. Both go together. hence goodness is to be prayed for this world as well as the world to come. God-fearing or Taqwa (تقویٰ) is the soul of Islamic concepts. Sincerity is in word and action throughout. Truthfulness is to prevail in all affairs in all circumstances. Standards are to be observed and Rule of Law is to be followed and fairness is to be shown in all actions and sayings.

JEL Classification: K40

Suggested Citation

Mughal, Munir Ahmad, Legal Capacity (August 8, 2011). Available at SSRN: https://ssrn.com/abstract=1906843 or http://dx.doi.org/10.2139/ssrn.1906843

Munir Ahmad Mughal (Contact Author)

Punjab University Law College ( email )

(Res.)125-B, Judicial Colony, Lahore
Lahore, Punjab 54000
Pakistan
042-35304847 (Phone)
042-35311498 (Fax)

Superior Law College

(Res.)125-B, Judicial Colony
Lahore, Punjab 54000
Pakistan
0092-42-35304847 (Phone)
0092-42-35311498 (Fax)

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