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Search Fatawaa


Fatwa Number : 490

Subject : Is Contemporary Jurisprudence Experiencing a Crisis?

Classified : Current Issues

Fatwa Type : Search Fatawaa


Question :

Do you think that contemporary jurisprudence is experiencing a crisis in light of what is called jurisprudence inflexibility before Sharia texts that were formulated by Muslim scholars throughout the different stages of Islamic history?


The Answer :

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions. Islamic jurisprudence isn`t experiencing a crisis since it has rich sources, and its scholars do their best to solve the emerging problems, and they are capable of that by the grace of Allah The Exalted. This negative idea is promoted by: those who are ignorant as far as Islamic jurisprudence is concerned, those who contrive to divert Muslims from the path of Sharia under the pretext that Islamic jurisprudence fails to cope with the variables of modern times, and those who desire to enforce man-made laws. The dilemma lies in the fact that some people want the rulings of Sharia to be tailored to their needs, and to those of the group they answer to. If they fail to achieve this goal, they would say "Islamic jurisprudence is inflexible!!," and this is wrong, because we have to adjust ourselves and our attitude in line with the rules of Sharia. The Messenger of Allah (peace and blessings of Allah be upon him) said, “None of you [truly] believes until his desires are subservient to that which I have brought.”{An-Nawawi and Ibn Hajar graded it as Hassan}. Moreover, as it is axiomatic that a person adapts himself as well as his attitude to the norms of the community that he has just moved in, it is imperative that we adapt to the norms of Islamic jurisprudence that aim to elevate human beings, as willed by Allah The Almighty. A clear proof on the vitality of Islamic jurisprudence is that the Jordanian Civil Law has derived a set of rules from it in 1970, as recommended by a committee of scholars, and they are effective in Jordan and other Arabic countries. In addition, Fiqh(Jurisprudence) Academies in different Arab countries provide solutions for whatever issues that emerge. And Allah knows best.




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