عصر حاضر میں تعزیر بالمال کی شرعی حیثیت : مثبت ومنفی اثرات کا تحقیقی جائزہ THE LEGAL STATUS OF FINANCIAL PENALTIES IN CONTEMPORARY TIMES: A RESEARCH-BASED ASSESSMENT OF POSITIVE AND NEGATIVE EFFECTS Section Urdu Literature
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Abstract
In the present era, the issue of financial penalties (ta'zir bil-mal) has become extremely important. Like other countries, in beloved Pakistan, it has been adopted as an effective means of deterrence in the penal system against crimes. In the jurisprudential heritage of Islam, discussions regarding the permissibility and impermissibility of financial penalties, such as ta'zir bil-mal, are found. What is the ruling on this? If it is permissible, to what extent? And if it is impermissible, how does one issue a fatwa according to the methodologies of Imam Malik and Imam Abu Yusuf? Also, what is the status of the evidence provided by scholars who advocate the permissibility of financial penalties? And most importantly, given the increased need for financial penalties in the present era, what fatwa should be issued regarding this matter? This relates to the definitions of financial penalties and the types of monetary punishments as well. It is pertinent to assess the permissibility and impermissibility of financial penalties in light of the Quran, Sunnah, and the statements of the mujtahid Imams before delving into the issue of financial penalties (ta'zir bil-mal) in law and legality.
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