اسلامی قانون کی تشکیل وائل حلاق کی تحقیقات کا تجزیاتی مطالعہ

The Formation of Islamic Law: An Analytical Study of the Investigations of Wail Halaq

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This research paper primarily deals with the evolution and development of Islamic Law as has been enunciated by the famous scholar Wael B. Hallaq in his book “An Introduction to Islamic Law” --- an abridgement of his magnum opus “Sharia: Theory, Practice, Transformations.” Wael is of the view that Qadis, Jurists, legists and Muftis were the fundamental pillars in flourishing the Islamic Law independent of the state intervention whatsoever. He also endeavours to describe in detail the sources of Islamic Law and the establishment of four famous Sunni Schools of Thought in the tenth century and “Study Circles” thereof played vital role in thriving them. The “Ijtihad” of the founders Imams of these schools became the main instrument of the development of Islamic Law. However, during the reign of Saljuqs in eleventh and twelfth century, “Study Circles” were replaced by “Madrassas” and their notable prime minister Nizam-ul-Mulk ran these madrassas under the state control; hence, making the Qadis, Jurists, legists and Muftis the servant of the state. Ottoman Turks gave Qadis not only the privileges of executive and judiciary but also the rights of collecting tax and accountability. The second part of the book deals with the pernicious impact of the colonization on Islamic World by the European Powers particularly on Islamic Law and how it suffered by the notion of “nation state” and “nationalism” --- two rudimentary ideas of Western Civilization. Lastly, this paper makes an effort to analyze the cataclysmic change brought in Islamic Law in Islamic states such as Egypt, Tunisia, Iran, Indonesia and Pakistan hence pushing them to Modernity.