مسلم اور مغربی تہذیب کے قانونی افکار کا تقابلی جائزہ(ابن رشد کے افکار کی روشنی میں)

A Comparative Study of the Legal thought of Muslim and Western civilizations (in the light of the Averroes’ thought)

Abstract

This article compares the legal concepts of Muslim and Western civilizations through Averroes' (1126 - 1198) thought, focusing on interpretation, implementation, and education of laws. Averroes bases his legal system on Islamic Sharia, emphasizing divine revelation, and employs ijtihad to navigate legal texts, maintaining a balance between reason and tradition. In contrast, Western legal systems are anchored in secularism, prioritizing human reason and established laws. Economically, Averroes rejects usury, advocating for zakat and charity as means of achieving justice, whereas Western systems promote usury and capitalism and then charity. In Islamic law, ijtihad is a crucial method for jurists seeking solutions while respecting divine decrees. Additionally, while Islamic law forbids the ordination of women, Western law permits it, reflecting differing values where human thought takes precedence. Averroes aligns closely with Sharia in areas like family law, worship, and ethics of war, in contrast to the Western emphasis on human freedom and secular values. Religious rituals hold significant importance in Islamic Law, restricting worship in non-Muslim places, unlike Western Law, which is indifferent to such matters. Lastly, Islamic law permits jihad, adhering to rigorous, ancient rules, in stark contrast with modern, flexible human laws.