قضاء اور مصالحت : تقابلی جائزہ

Comparative review of the peace system

Authors

  • Dr shabir Ahmad Assistant professor islamic Studies Department BUITEMS Quetta
  • Muhammad Rashid Lecturer, Islamic Studies, University of Baluchistan, Quetta
  • Ulfat Hussain Kharani Lecturer, Islamic Studies, Degree college Mustang, Balochistan

DOI:

https://doi.org/10.46896/alazhr.v8i01.311

Keywords:

litigation, forgiveness, compassion, prolong, reconcile, kinship

Abstract

There are two ways to end mutual disputes: (1) reconciliation and decision and (2) reconciliation. From the narrations of the great muhaddithin and the jurists, it is clear that reconciliation is better in many respects than "judgment and judgment" because reconciliation:

* Mutual hatred turns into mutual love and affection.

  • qata rahmi is replaced by ْْ salah rahmi.

* The spirit of forgiveness grows.

* Protects against litigation costs. Etc. etc.

While judging:

* The spirit of revenge is created.

* Emotions of compassion arise.

* In order to degrade another, one has to commit non-shariah matters.

Wealth is misused to prolong the case. Etc.

Therefore, the judge should first try to reconcile the parties. Especially if the parties have kinship and kinship, or they belong to the people of knowledge and grace, then the judge must work to delay the decision between them. So that they may reconcile. If they do not agree to reconcile and want to decide, then the judge should decide between them as a last resort.

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Published

2022-06-25

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Articles