بروم لیگل میگسمز اور مجلۃ الاحکام العدلیۃ کی روشنی میں قاعدہ اعتبارِ قُربِ علّت کی تعبیر، اطلاق اور انطباق کا علمی و تقابلی جائزہ

Abstract

The entire edifice of Islamic jurisprudence (Al- fiqh al-Isl┐mi) is based on jurisprudential Principles (al-qaw┐’id al-fiqhiyyah) and similarly the entire structure of the Statutory Law is also based on fundamental legal Principles which is called Legal Maxims as well.

These fundamental principles played a key and vibrant role in interpretation of the legal matters and helped in gathering all these interpretations under a singal umbrella.

Hence almost all legal experts and writers have included them in their esteemed works, such as Herbert Broom, a famous law writer included them in his celebrated and renowned writing “A selections of legal maxims; Classified and Illustrated” and the Ottoman Empire adopted the same approach in its courts manual “the Ottoman Mejelle, known as Majallat al-A╒k┐m al-‘Adliyyah”

Among the aforesaid fundamental legal maxims there is a prominent and noticeable maxim related to the proximate and remote cause of any event aiming to decide the legal staus and figuring out the main reason of the said event

This study focuses on explaination and implementation of the said maxim in the light of “A selections of legal maxims; Classified and Illustrated by Herbert Broom and Majallat al-A╒k┐m al-‘Adliyyah” by the then Ottoman Empire.