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Comparative Jurisprudence and innovation in contemporary issues

Comparative Jurisprudence and innovation in contemporary issues *

Ibrahim bin Nasser bin Salem Alsuaa([1])

Definition of povertyE Comparative:

Intended to Male different words in each case jurisprudential, and exposure to multiple views, and referring to the statements of Islamic schools of different doctrines.

And comparative jurisprudence books are those books that deal with Islamic sects statements, other than the books of fiqh sectarian It focuses on a particular doctrine and fork([2]).

Perhaps the term (Comparative) Taken from a combination century, a man and wife of his wife, to compare him([3]).

And comparison marriages, The century thing thing, and Qrnth him شددته him.

Ibn Abbas, may Allah be pleased with him: «Modesty and faith in a century, any Mjmuaan.

And compare Thing Thing comparison and villages accompanied by the owner, and coupled with other thing and compare it centuries any author, and paired thing thing and relevance, and the accompanying spouse([4]).

And features books on comparative jurisprudence from the other that the wider different views, making it easier researcher found more than words, to investigate them closest to the right.

And comparative jurisprudence books due to the second century AH Examples (Minor Code of Imam Abu Ghanem humans bin Ghanem concrete Ibadhi the). The collection of the views of seven of the Muslim scholars such as Abu Ubaidah ibn Abi dignified, and my father and allergen Ibn Abdul Aziz and spring, as he was referring sometimes to the views of some other communities([5]).

As it appeared that works collected sayings meant different companions and followers the same question, and these books book workbook to Ibn Abi Shaybah, book and workbook for Abdul Razzaq. She also appeared on all Islamic sects doctrinal books, we find where exposure to the views of some other sects.

Truth be told not fanatical say that Ibadi are more Islamic sects application of these principles, it is while we do not find a male for إباضية in other schools of law books except in a few rare, while Ibadi books filled with statements and opinions of other schools, It is the oldest books Ibadi Musnad Spring, written in the second century AH, he finds a familiar it accounts for non-Ibadi, and this has been found in the books of other novels Ksahih Bukhari and Sahih Muslim and others.

And the Code of Imam Abu Ghanem is the other whale of words for non-Ibadi As previously mentioned.

In the fourth century AH Me Imam Abu Saeed Alkdma book supervision of Ibn al-Mundhir, he put him valuable comments and discussed the views cited by Ibn al-Mundhir, and added it to say Ibadi sect.

In the same A century scholar Ibn pond whole book, and was often mentioned Shafi'i and Abu Hanifa and other scholars, rolled books Ibaadis or the most in this manner, and we are not vendor detail.

The need for renewal:

ما من عصر من العصور ولا قرن من القرون الإسلامية، إلا واستجدت فيه مستجدات، وظهرت على الساحة قضايا جديدة تحتاج إلى بحث وتأمل، إلا أن هذا العصر وبسبب التقدم العلمي، وتعدد وسائل الإنتاج والتنمية، حدثت طفرة كبيرة وتغيرات جذرية في الحياة، صاحبها ظهور قضايا متعددة لا تقاس بالسنين والأيام بل بالساعات والدقائق، وهذا مِمَّا يدعو المسلمين إلى ضرورة الوعي بهذه القضايا، وتأطيرها في إطار الشريعة حتى لا ينحرف المسلمون في تعاملاتهم، ولا يتخبطوا فيها تخبط عشواء، وهذا ما انتبه له علماء الإسلام ـ بحمد الله ـ فانتشرت المجامع الفقهية، وعقدت الكثير من المؤتمرات، وألفت الكتب المتعددة التي تناقش مستجدات العصر، سواءً فيما يتعلق بالعبادات أم المعاملات.

She also appeared encyclopedias jurisprudence, was employing modern technologies to service jurisprudence, which showed the disks that contain hundreds of books, making it easier for the researcher access to the information they want; This is the first reasons for renewal.

Dr. Yusuf al-Qaradawi says in the introduction to his book “Zakat jurisprudence”: «Then there are things found in our time was known فقهاؤنا old nor المتأخرون, These things need to issue a ruling in the matter, Relieves people of confusion, And respond to the questions confused on the tongues of the Muslim audience, There are riches and enter modern cattle and cash crops and fruits, There are high-rise buildings that pays tribute to rent and exploitation, And large factories, machinery and miscellaneous hardware, And the various heads of fixed or immovable property which generate their owners overabundance of funds produced or Kraúha to the people, كالسفن and cars and airplanes, hotels, and other presses »([6]).

Also, many of the legal provisions built into account the ex-scholars to custom, and rules them famous “Known conventionally Kalmchrot the condition”. There is no doubt that the norms or some of them have changed in our time, as is the case in every age of the ages, and this requires a renewed previous ruling, and the introduction of the new under the custom to materialize the interests of the people in the deal, so that no injustice or oppression on a([7]).

For example,: That people may know each other in some countries a response conditions of the gift envelopes writing, due to the scarcity of paper and not good the same owner out, it can not be those briefed on like this in the books of earlier scholars be applied in such modern times, with the change of custom became the envelopes, which have no value ([8]).

Some facts and things old may arise from conditions and descriptions may change the nature or judgment or effect, there is no convenience What is the ruling by the ancients, and this is referred to by our scientists former when they decided to change the fatwa change of time and place, with the difference in Ozmenthm simple and slow, ([9]).

For example,: The victim is killed on the battlefield, it does not wash, but if you transfer them and then it died wash, And easier to identify the battlefield in previous eras and Osabh in our time.

There is an old doctrinal matters where the scholars differed, فانتصر all of them to view, and taking cites evidence on the health of his mind, making a lot of unresolved issues can be referred opinion and adopted without the other, This is even applicable to our time as well, but that for the large number of economic and social institutions, political and other, we have to reconsider many of the issues, and access them to view rest assured to him by these institutions, all of them, to follow everyone on one approach of non-contradiction or disorder.

Sheikh Mohamed Shaltout says, describing the difference in opinions in matters of Zakat: “This purse endorsing minors and the insane, And that does not pay zakaah, This endorsing everything Istnepth rights in the Occupied, And that not only endorsing a special kind private or fruit, This endorsing religion that does not pay zakaah, And this commends offers trade and that does not pay zakaah, this endorsing Costume women that do not pay zakaah, and this requires a quorum and that is not required, And this and this… To last cited consensus what fitr, and what is not obligatory and dispose of it Zakat and what does not act”([10]).

The survival of many of these issues afloat, and the failure to reach a critical opinion which hinders the work of many of the institutions but also offers impede the cooperation of these institutions with each other and solve this problem comes only collective diligence, which we will talk about later, God willing,.

The language of dialogue and writing has changed than ever before, and this calls to rework for the Former Malvatna, and discussion of matters of style, And visibility in the form of a modern and contemporary style, does not suffice as written by earlier scholars, they wrote to their age and style, and each era and each language article shrine ([11]).

Sheikh Mohammed says vegetative back after the transfer of three texts from three doctrinal wrote to three different doctrines: «هذه الكتب الثلاثة هي التي ترشح طالب العلم؛ لأنَّ يكون عالماً في أحد المذاهب الثلاثة المنتشرة في عصرنا، تراها من جهة التعبير لا تكاد تفهم وحدها، لذلك احتاجت إلى الشرح والشرح إلى حاشية، ولا يخطر في بالك أن هذا الموضوع يقرأ في أقل من أسبوعين، معظمهما ينقضي في تفهم ما يريد المؤلف، ثُمَّ تراها بعد ذلك خلوا من الاستدلال، وبذلك لا يكون هناك فرق بين من لم يتعلم ومن تعلم، إلا أن هذا عنده من المسائل ما ليس عند ذاك، أما كيف أخذ إمامه الحكم من أدلته فلا, With that doctrine is not in this picture you do not find where to impact than other imams, and this closes the door a good understanding on science student »([12]).

Yes «We have every category in ages ago to display in a scientific manner highly concentrated, Clustered arrangement, مستغلق phrase for non-veteran, Featured (Texts) That necessitated clarified put (Annotations) And suspension (Notes) Difficult style does not complement him to a specialist interest, But perhaps limited to the doctrine of individual experience without another, As long upon the people of each doctrine in his study and its advisory and its authoring, Of assets, symbols and conventions, Some logging in different citizen, And some of them do not realize only بالتلقين and arrest him »([13]).

And Imam Salmi in the introduction to his book Ascent Nafis talk about this issue, more likely us to ننقله a circulated in said: «Should each author to take into account the tongue of his people who are intent speech, Vijatabhm in their own language that they understand, and take into account the conditions in أفهامهم, Vijatabhm as much as their minds, These conditions may vary according to the centuries and the United, The diversity of languages, And وفور intelligence, And the power of understanding, The disparity in the positions, فلذا see approach senior author is the later approach, the ancients but spoke not worthy folk, بحالهم only that speech, and later spoke some people, is not worthy بحالهم but also that speech. And rhetoric are taking into account the appropriate event listener, it may be the speech eloquent in the right of people agreeing appropriate their experience, is eloquent in the right of others that if خوطبوا it; because it did not agree appropriate their situation, yet it is eloquent; because it خوطب its not worthy condition, but that speech ([14]).

– It is also necessary to find a proper Islamic alternatives to Islamic banks, in the development of the perception of some transactions, and that some of the issues raised in the books of Islamic jurisprudence old nature different from the nature of the recent issues([15]).

فلئن were traffic accidents in ages ago parked at the borders of the fall of a person from his camel, and hit some wounds or bruises, the traffic accidents in our time produced issues Boggle pulp, a plentiful and accuracy, Vantrbh may infect people and kill others, and destroys come upon the property and money, not to mention .

For all these reasons advanced seven other reasons clear to us the extent of the urgent need for renewal.

But what does it mean for renewal?

The meaning of renewal:

Innovation in Language: Is the new thing is rendering Old.

In the terminology: It does not deviate from the linguistic meaning; destination because it highlight the Islamic religion in polished dress in line with the requirements of the times, it is not overcook something constants. Which refers to the hadeeth narrated by Abu Dawood by Abu Hurayrah that the Prophet e, he said: «God sends to this nation at the head of every hundred years renews her religion»([16]).

This does not mean changing the nature of the old renewal or replace it with something else; as some may think, but must retain the essence and nature of the old features and characteristics with the breadth of variables times and مستجداته, so that each coming down the rule and every problem has a solution.

Says Dr. Jubouri Speaking of the renewal of religion: «It is in fact return to management and facilitation, and attention to the essence of religion and the door. Whoever reads the jurisprudence of the companions and followers find they horizon people to the spirit of the law and its purposes, and were committed to each commitment to the laws of God, however they strive in the provisions of the facts in a spirit of pardon, people know that God is not prescribed religion only in the interest of slaves, and he wants them to ease and does not want them hardship .

If the renewal of religion has generally proved its legitimacy, the first Islamic jurisprudence aspects of religion renewal; because the scientific side flex mobile which asks him the face of developments in governance matters, accidents and Fatwa statement »([17]).

While this is to be in debt renewal, the renewal of Islamic jurisprudence does not differ from that, it is intended to develop Islamic jurisprudence and improvements that do not alter the described, does not change its nature, while retaining its and maintain the properties essence.

Says Dr. Jubouri: «It is no renewal walk behind the others and follow Snnhm; thus it ourselves lose and melt our personality, and be satisfied; ourselves to the position of subordination and submission. It is not the adaptation of Islamic jurisprudence renewal to keep pace with Western laws… It is not underrated renewal both Old and open doors for each new »([18]).

Permissions renewal:

Innovation in Islamic jurisprudence may not be random or a slogan bump up everyone who wants to promote the idea of ​​carrying, or opinion tends to him, but must be a renewal within the framework of the law itself, taking into account the constants and variables, and is clear to us through the controls of the following:

1Not to depart from the Quran and Sunnah: There is nothing good in the discretion of shocking religious texts or exceeded, and this is what the text of the entire scientists of different persuasions. It is before the text of God Almighty be upon him explicitly in his book Aziz, Almighty says: ) O ye who believe, obey Allah and obey the Messenger and those of you if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day, it is better and better interpretation (([19]).

The Almighty says: ﴿وَمَا كَانَ لِمُؤْمِنٍ وَلا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْراً أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلالاً مُبِيناً﴾([20]).

As stipulated by the Holy Prophet e in many conversations, including saying e: «All of you will enter Paradise except those who refuse, they said: It refuses O Messenger of Allah? : Whoever obeys me will enter Paradise, and whoever disobeys me has refused »([21]).

Imam al-Salmi in the minds Lights:

والأصل للفقه كتاب الباري إجماع بعد سنة المخـتار

والاجتهاد عند هذي منعا وهالك من كان فيها مبدعا([22])

He says in the sun sorties: «Fixed diligence in except the Quran and Sunnah and consensus». He also: «Diligence shop: There is no incident where the rule of God in the book, nor on the lips of His Messenger, and did not convey in its judgment consensus of the Muslims, the incident was nothing of the three provisions must be followed, and denied violating consensus »([23]).

The texts in many famous do not need it now.

It is the funniest what I heard from some advocates of renewal he believes that the veil is not imposed if the consequent injury to women even look mockery, so when they are in non-Muslim countries, but suffice cloth put on her hair, and argued, therefore, that God said the veil and imposed Male cause him : ) The lowest to know Do not disturb (([24]). Veil proceeded to ward off harm Muslim women, has now turned the case became veil reason to harm women!؟

And forgot this or forgetting that takes them off the hijab does not reduce harm them, but aggravated by prosecuting evildoers her Bnzerathm and Mzaiqathm.

3Consensus uncertain: But we crossed Bamutaiguen; because not all unanimous transfer is consensus true, but often rumored consensus on the issue with several statements, and the strangest thing is that you find a scientist tells the consensus on the words, and another tells the consensus otherwise, it must be Faqih renewed aware placements consensus .

Says the scholar Ibn Subki: «More Muslims agreed that consensus legitimate argument must work on every Muslim»([25]).

The imam of the Holy in the proof: «What went difference المعتبرون of the people that the consensus in the doctrines audiologist argument… That said: … Consensus conclusive argument »([26]).

5The realization of the right measurement Which is to carry his ignorance of things are aware of his illness between University([27]).

It must be confirmed by the measurement procedure, and to the possibility of a difference between the parent and child, or that the parent does not equal branch in the presence of the illness, and also Atsawia in wisdom.

For example,: That can not be measured tayammum on ablution in mustahabb triangulation, that they both Mosque purity junior يستباح prayer, and so on; because tayammum based on mitigating the investigation Unlike ablution which must absorb the full wash Lists([28]).

6Considered the purposes and interests of people of Sharia: This is because the spin on the law to achieve interests and pay evil, Valtjdid in Islamic jurisprudence needs to be linked to the purposes of Sharia provisions. And understand the purpose of the rule until convinced by the mind and heart reassures him.

It should take advantage of what is written by specialists in this day and age, such as what doctors write for damages alcohol and pork, and what may result from the use of some means of damage, and the economists wrote about the devastating effects of certain transactions, and the pros and cons of some of the economic transactions([29]).

The stop many researchers over the issue stops distinct, some of them excessively in taking purposes until taking over many of the texts, and disrupts many of the provisions, arguing that what he did is approved for the purposes of the street-wise, and some of them hyperthyroidism in taking out and he signed him to accelerate the acceptance .

The center position: Be taken out when the inconsistent evidence of a conflict can not be with him to combine them, or tipping one over the other, and here we look whichever is more appropriate than others of the purposes of the street wise and taken him also in cases where there is no evidence which indicates that it is permissible or prevention; Here we look at the general provisions .

7Taking into account the jurisprudence of reality and Updates Which is full of our time, and to be familiar with the problems of his time jurist, and the needs of the people, must be openness and erudition, as narrow-mindedness and self-retreat may have led to stagnation and insularity and the rejection of all new.

Al-Qaradawi says: «To be hard-working to be on the fortune of knowledge of the conditions of his time, and the circumstances of his society and its problems, and intellectual currents, political and religious, and its relations with other communities, and how they affect… And more to say: That the mujtahid should be familiar with the culture of his time, so do not live isolated from the society in which they live and strive to him and deal with his family, and the culture of our day to know the degree of psychology and education, and sociology, economics, history, politics and international laws, and the like, of human studies …»([30]).

Comparative Jurisprudence and its role in the regeneration:

There is no doubt that things are sub-where there is no evidence definitively where the field welcomed the views and disagreement, and can not restrict the right thing in all matters of branches in the doctrine of a specific, or Islamic school without the other, what does not accommodate his school doctrinal could accommodate him another school, and this .

Does not mean comparative jurisprudence Islamic schools of jurisprudence list to now, but by all means doctrinal consensus so that followers Kalawzai the extinct and Laith Sufyan Ibn Hazm and others([31]).

It also claimed to root out the assets of fancy, great fanaticism that prevailed, alas, many of the Muslims in eras past, even thought some of them to the right in the branches confined him without of everything else, and all this for the hard-working able to distinguish right from wrong without the snob and the weak.

And God, praise be to Allah, the Lord of the Worlds.


([1]) Researcher Issuing Office, Ministry of Religious Affairs and Endowments. Oman.

([2]) Issues in Comparative Jurisprudence: D. Omar Al-Ashqar and others. House of valuables. I 4, 1424, p 9.

([3]) San Arabs, the son of perspective, Arab Heritage House, i 1 1416, Article: Century.

([4]) Ibid, Article: Century.

([5]) Islamic jurisprudence seminar paper titled: The emergence of blogging of jurisprudence and its continuity through the ages: D. Mubarak bin Abdullah Al-Rashidi, i 1/1410, p 151.

([6]) Zakat jurisprudence: D. Yusuf al-Qaradawi, Library Wahba, Egypt Ø 21, 1414E c 1, p 27.

([7]) Islamic jurisprudence between tradition and innovation: A. D. Abdullah Mohammed al-Jubouri, Dar Nafaes, Jordan, i 1/1425, p 100.

([8]) Jewels rules: Sheikh Sufian bin Mohammed Al Rashidi, Library rectitude, Oman, I 1/1425, p 155.

([9]) Diligence in Islamic law, D. Yusuf al-Qaradawi, Pen House - Kuwait i 1 1406.

([10]) Jurisprudence of Zakat 1 h, P 27 (Quoting the book of Islam doctrine and the law of Mohamed Shaltout, Dar Pen,Egypt PM 109).

([11]) Zakat jurisprudence, جـ1, P 25.

([12]) History of Islamic legislation, Sheikh Mohammed your vegetative, Scientific Library, Lebanon 1405 p 271.

([13]) Jurisprudence Encyclopedia, The Ministry of Awqaf and Islamic Affairs, Kuwait,Ø 3, 1405هـ صـ51 (Adapted simple).

([14]) Qubool hopes on perfection, Sheikh Salmi, the Ministry of Heritage, Oman i 1 1403 p 93-94.

([15]) Islamic jurisprudence between tradition and innovation, p 101.

([16]) Narrated by Abu Dawood.

([17]) Islamic jurisprudence between tradition and innovation, p 96.

([18]) Ibid, p 97.

([19]) Nisa: 59.

([20]) Surat parties: 36.

([21]) Lights delight (Margin sorties sun on the Millennium, Salmi Sheikh, the Ministry of Heritage, the Sultanate of Oman), I 2, j 1, pp. 31-33.

([22]) Sorties sun, c 2, p 78.

([23]) Ibid, vol 2, p 302.

([24]) Surat parties: 59.

([25]) Exhilarating explain the curriculum, Subki, Scientific Library, Beirut - Lebanon, 1416 2, p 353.

([26]) Proof, the imam of the Holy, Dar meet, Egypt, i 3, 1412 Vol. 1, p 434, p 436.

([27]) Sorties sun, c 2, p 91, the provisions in assets provisions, الآمدي, Islamic office, 2nd Floor, 1402.

([28]) Sorties sun, c 2, p 95.

([29]) Islamic jurisprudence between tradition and innovation, p 154.

([30]) Diligence in Islamic law, p 48.

([31]) Islamic jurisprudence between tradition and modernization, p 149.


*Evolution science symposium in Amman during the fifth century AH “Authoring polymath and comparative jurisprudence”

Set up by the Ministry of Awqaf and Religious Affairs in Muscat

25- 27 Muharram 1426 / 6- 8 March 2005

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