فتاویٰ عالمگیری اور جرائم بخلاف مال آرڈیننس(۱۹۷۹ء) میں حد سرقہ سے متعلقہ دفعات کا تقابلی جائزہ

Abstract

Under the article 227 of the constitution of  Islamic Republic of Pakistan, each and every clause of the constitution must be in agreement with laws of Quran and Sunnah. In this regard steps have been taken from time to time to ensure that these laws are in compliance with the Islamic law. But some people believe it to be not fully compliant with respect to the Islamic shariah, and based on this they declare the established constitution and Laws of Pakistan totally unIslamic. Therefore, this research compares the Articles related to Offence against Property in the Ordinance of 1979 with “Bab ul Sariqa” of Fatawa Alamgiri (Hindeya) which proves that the laws related to Sariqa (theft) are mostly compatible with the Sharia. Hence, the claim to declare laws in Pakistan as contrary to the Islamic Sharia is baseless and against the facts. Although these laws are weak which can be rectified if properly reviewed in the light of the principles of Islamic Shariah. For this purpose the Islamic Ideology counsel was made in the 1973 constitution, so the counsel may be tasked to make these articles according to spirit of sharia.