محمدن لاء اور ایکٹ 1939ء دفعہ 4 میں ارتداد سببِ انحلالِ نکاح: فقہ حنفی و جعفری کے تناظر میں تحقیقی مطالعہ

Apostasy in Muhammadan Law and Act 1939 Section 4 Cause of Dissolution of Marriage: Research Study in the Context of Hanafi and Ja’fari Jurisprudence

Abstract

The issue of apostasy is one of the most important debates in the political jurisprudential system of Islam – from ancient times it has been the focus of attention for writers and the field of research from many angles. – In the Qur’anic teachings and the hadiths of the Prophet, apostasy is considered an unforgivable crime and the death penalty – where it is a legal and shariah crime, it also has a number of negative effects on apostates. One of their effects is the annulment of the marriage contract – before the enactment of the 1939 act, the apostasy of any one of the spouses was the cause of the annulment of the marriage, and this is the view of some ancient Hanafi jurists, while the latter There is talk of abrogation, but there is talk of a woman’s apostasy in detail – Ja’fari jurists divide apostasy into two types, natural and mixed. After the apostasy of men and women, apostasy is a natural and common word – Section 321 of Muhammadan Law and Act 1939 Some clauses of the approved provisions on apostasy do not correspond to the fundamentals of both sects – in the light of the Qur’anic Teachings and hadiths in the research title under consideration and the view if Hanafi and Ja’fari jurists on the cause of apostasy. The advantages and disadvantages of contemporary laws have been highlighted.