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JURISTIC DECISIONS ON CONTEMPORARY ISSUES

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Law and jurisprudence survive only by their dynamism. Warmth and movement of life is reflected in any living law. 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 vital capability of giving correct lead and bringing discipline in human life is in fact indebted to the principles deduced and drawn form the Quran and Sunnah by the jurists who have acoomplished 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. 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 skill with a high degree of God-fearingness 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.

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.

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 outside India as well. This small pamphlet includes the decisions taken in its seminars organised by the Islamic Fiqh Academy and also the Aims and Objectives of the Academy. I am confident that our intellectual class will be benefited by it and we will ever in future receive the cooperation of the theologians, jurists and savants in fulfilling our aims and objects.

Some important dicisions are follows:

    INSURANCE

Insurance is not permissible in shariah. But, in the present situation in India, where the Muslims' lives and property, trade and commerce etc are in grave danger, due to frequent flare up of communal riots, policy of insurance to life and property is legally permissible benefiting from provisions under shariah which approves of prohibitory matters permissible, abandonment of preventive measures and the protection of lives and property in such a situation.

    SHARES

The buying of shares of such companies, which are purely based on haram occupation, is, by no means, permissible.

    ZABIHA (Slaughter of Animal)

  1. The person, slaughtering animal, should be wise (sane), matured, Muslim and the believer of one of the Books.
  2. The people who call themselves Christians or Jews will be considered as the Believers of the Book and, so, zabiha by them will be lawful.

    AIDS

  1. If an AIDS patient enters into a marriage without revealing his disease, then his wife shall have the right to dissolve the marriage. She shall enjoy the same right, if her husband contracts the disease after the marriage that assumes serious proportion.
  2. If a woman AIDS patient gets pregnant and the child in foetus is feared to contract AIDS, in that case prior to the life coming in the embryo, (the 120-day period, fixed by the Islamic jurists), permission for abortion can be given.
  3. It is improper to deprive the AIDS-infected children of education. Imparting education can be continued after undertaking necessary precautions.

    CONDITIONS IN NIKAH

  1. If a nikah is based on conditions of such rights and obligations, which only consolidate the obligator responsibilities and rights, such conditions will be valid and it will be duty of the husband to fulfil those conditions.
  2. At the time of nikah, if such conditions are agreed upon which neither shariah has ordained nor specifically prohibited, then it is incumbent on the spouses to fulfil such conditions.

    RIGHTS OF A MUSLIM GIRL AND BOY

The main thrust of the present seminar was on the social issues, particularly the rights of Girl and Boy in marriage in the light of Shariah (Islamic Law). Issues like lineage, social, financial, educational and other status, etc., in the realm of marriage, particularly in Indian context, were discussed threadbare. Consensus was reached on the following issues.

  1. All Muslims are a brotherhood and there is no place for superiority or inferiority based on their lineage.
  2. Every sane, major Muslim man and woman has a right to perform his/her nikah.
  3. A Muslim girl, who is sane and has attained puberty, has a right to perform her nikah even without the consent of guardian, though it is desirable that there be a consent of both girl and her guardian.
  4. Nikah of a Muslim girl and boy, who are sane have attained puberty, performed through their mutual consent is valid in the eye of Islamic Shariah.
  5. Family members have no right to object to a nikah whether contracted between the equals or inequals.
  6. If a woman marries a man of status lower than her without the consent of her guardian even then her marriage is valid, however; her guardians shall have a right to approach Qadhi.
  7. There was a consensus among the Ulema on the issues of Neo-Muslims marrying the Muslim girls.Ulema felt that not only is this marriage legally valid, and desirable but is also of high merit and piety.
  8. Equality in religiosity(Di’n) is the only consideration for marriage and there is no concept of inequality based on lineage and family background in Islam.
The participation of Ulema representing various schools of thought in IFA seminar has given the decisions of the seminars a great consensus value.

    BANK INTEREST

The accruing interest money should not be left with the bank. Instead, it should be withdrawn to be used under the following heads:

  1. Participants were unanimous on the expenditure of the interest money on poor and needy people without expecting recompense in the Hereafter.
  2. Most of the participants in the seminar were agreed that this money could also be spent on the general welfare of the people as well as on paying usual obligatory alms.

    BIRTH CONTROL

  1. If due care and nourishment of a child seems not possible due to immediate pregnancy of the mother, then temporary birth control devices can be adopted to maintain a considerable time space.
  2. Permanent birth control devices for women are prohibited save an exceptional case: In the opinion of reliable and expert doctors, if a woman is feared to lose life or might defect an organ due to delivery, then, a vasectomy operation can be performed to prevent future pregnancy.
  3. Under the following exceptional circumstances use of temporary birth control devices or taking medicine for that purpose is permissible for men and women:
    • If a woman is too weak to bear the rigours of pregnancy and the apprehension is that it would be risky for her life if she conceives a child.
    • If a woman is feared to undergo tremendous unbearable pains at the time of delivery. In both the cases the opinions of the expert and reliable doctors are must.

    MIEHR

To protect women's rights, the assessment of Mehr should be valued by way of silver and gold. The women should not be in loss due to devaluation of coins.

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