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JURISTIC DECISIONS ON SOME CONTEMPORARY ISSUES

Foreword

Law and jurisprudence survive only by their dynamism. Warmth and vigour of life is reflected in many living laws. Implementation of law along with the changing pattern of events is certainly a difficult and intricate task. Harmonious correlation of a dynamic law with the changing pattern of time can be achieved only on the basis of certain basic principles and concrete rules of its interpretation. The durability of Islamic jurisprudence, its vitality in giving correct lead and bringing discipline in human life is in fact indebted to the principles deduced and drawn from the Qur'an and Sunnah by the jurists who accomplished the delicate task of correlating the rules of Fiqh in every age, in keeping with the prevailing conditions.

Once, there were versatile personalities having deep insight into the Holy Book, Sunnah and verdicts of the jurists, principles of analogy (Al-Qiyas) and methods of Correlation (Ijtihad). They possessed a thorough knowledge of the general principles of Shariah, and its aims and objects. They were fully conversant with the trends, currents and under-currents of the period they lived in. They used their skills with a high degree of piety and strict adherence to the spirit of Shariah and tenets of the religion to find solutions of the problems of their age. Their verdicts got credence and acceptance in the Muslim society over the ages.

The present era has brought multi-dimensional changes in the society. Progress of science and technology has created new horizons. World has shrunk down to the size of a small settlement. New developments in social and economic fields have created new problems and have thrown up new challenges. People, who want to follow Islam and make Shariah the standard guide in all the spheres of life, are confronted with a number of questions for which they seek guidance from theologians. On the other side such competent persons who can solve these problems on the basis of their own knowledge and research and whose verdict may be readily acceptable to the Muslim society, are rare.

It was, therefore, a crying need to lay the foundation of a combined pool of opinions where scholars of religion and theologians could find solutions of problems in the light of, and in conformity with the principles of Shariah.

To achieve this goal, Islamic Fiqh Academy of India was founded, in which renowned scholars and experts of Medical Sciences, Economics, Sociology and Psychology, besides Islamic jurists and theologians were included and it is heartening to note that its echo is reverberating even outside India. This valuable exposition includes the decisions taken in the Fiqhi Seminars organised by the Islamic Fiqh Academy (India) so far. I am confident that our intellectuals will be benefited by it and in future we will constantly receive cooperation of the theologians, jurists and savants in fulfilling our aims and objects.

(Late) Qazi Mujahidul Islam Qasmi
Erstwhile Secretary General
Islamic Fiqh Academy (India)

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