حد سرقہ سے متعلقہ مصنف عبدالرزاق اور ابن ابی شیبہ کی منتخب مرویاتِ مرفوعہ کا فقہائےاربعہ کی آراء کی روشنی میں تحقیقی جائزہ

A research review of the selected Marwiat-e-Marfu'ah of Musannaf Abdul Razzaq and Ibn Abi Shaiba in the light of the opinions of Fuqaha-e-Arbaa

Abstract

Islam is the religi0n 0f nature and the c0mplete code 0f life and tha protect0r 0f the rights of all human beings. Islam provides human beings with the pr0tection of their basic rights, the basic rights which are called Huqooq e Khumsa, that is, the pr0tection of religion, race, honor and integrity, life and pr0perty. And these are the basic rights that every member of the society wants to be protected s0 that he can live in peace and tranquility. The religion of Islam has given a formal and organized system to protect the same rights of human beings which are called Hudud. Hudud are the punishments that have been set by the Sharia for crimes. For example, had-e-Zina, had-e-qazaf, Had-e-sarqah, had-e-Harabah, had-e-shurb e Khamar, had-e-Irtadad, etc. One of these limits is the limit of theft that has been set by the Sharia to protect people's property.

In this article, a research review is presented in the light of the opinions of Arba'ah jurisprudents on the Musannaf Abd al-Razzaq and Ibn Abi Shaybah's selected Marfu' Marwiat related to Had-e-saraqa. The Musannafain are a thick collection of hadiths collected in the second and third centuries of Hijri and are considered among the books of the third class in the books of hadith. The term Musannaf refers to the collection of hadiths compiled in the order of jurisprudential chapters, which includes all types of hadiths that are Marfu’,Mawqof and Maqto. The authors of these books are Imam Abdul Razzaq al-Sanaani and Imam Abu Bakr Abdullah bin Muhammad bin Abi Shiba. Both of them are considered among the great hadith scholars and all the muhadith scholars agree on their credibility and judgment. In this article, a research analysis is presented in the light of the opinions of Fiqh al-Arba'ah regarding Had-e-Saraqa. It has been mentioned that how Arba'ah jurists reasoned from the narrations of Musanafain related to the rules of saraqah, the Nisab-e-saraqah and other issues, and then the opinion of the imam who will prevail in the analysis is mentioned.