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Rekindling a new flame in the history of Fiqhi training, the Islamic Fiqh Academy (India) organized an altogether a distinct Workshop in India in its own way. Held in the peaceful and serene environs of Jamia Hamdard, the Fiqhi Workshop, which was held during Dec 21-25, 2003 corresponding to Shawwal 26 to Dhil-Hijja 1, 1424 A.H., was participated by over 40 graduate scholars belonging to various religious Madrasas, regions and research institutions from all over the country. These scholars were not only associated with academic and research orientations, they had also gone through the books made available by the Academy on the subject of ‘Objectives of Shariah’. They represented an array of reputed institutions such as Dar-ul-Uloom, Deoband (Waqf); Nadwat-ul-Ulema, Lucknow; Al-Mahd-ul-Aali Imarat-e-Shariah, Patna; Sabeel-us-Salam and Dar-ul-Uloom, Hyderabad; Jamia-tul-Hidaya, Jaipur; Al-Mahd-ul-Aali Al-Islami, Hyderabad; Mazhar-ul-Uloom, Varansi; Dar-ul-Uloom Islamiah, Basti; Mahad-e-Millat, Malegaon, besides, a number of Madrasas from various regions like Andhra Pradesh, Bihar, U.P, Maharashtra, Rajasthan, etc.
In addition to a number of research scholars from different parts of the country, the famous Islamic scholar and expert on the ‘Objectives of Shariah’ and ‘Fiqh of the Minorities’ from abroad, Dr. Salahuddin Abdul Haleem Sultan also participated in the 5-day long programme which used to continue up till late in the night, with immense enthusiasm in a perfectly academic atmosphere. From within the country, a glaxy of eminent personalities like Maulana Burhanuddin Sambhali, the Vice-President of the Academy; Maulana Khalid Saifullah Rahmani, the General Secretary; Maulana Ateeq Ahmad Bastavi Qasimi, the Secretary of the Academy (Academic Affairs); Maulana Syed Mohammad Rabey Hasani Nadvi, the President All India Muslim Personal Law board and the patron of the Academy; Maulana Wazeh Rasheed Nadvi; Maulana Ijtiba Nadvi; Maulana Anisur Rehman Qasimi, the Administraator Imarat-e-Shariah, Patna; Maulana Syed Jalaluddin Umri ; Maulana Asrar-ul-Haq Qasmi ; Maulana Abdur Raheem Quraishi; Maulana Dr. Mohsin Usmani Nadvi amongst others enlightened up with their thought-provoking words, lectures and speeches.
The distinct feature of this Workshop was that only one important topic i.e. the ‘Objectives of Shariah’ was chosen as the subject of deliberation, which is deeply embedded in all the precepts of the Islamic Shariah, which was always kept, in the foreground by the early torch-bearers of Islam, the Sahabah ® and thereafter their followers and the subsequent followers along with the great Imams, especially the jurists adhering to the Hanafi School of thought, in deducing and framing of laws and regulations. It is the subject the in-depth awareness of which, becomes imperative in today’s context for resolving contemporary issues. According to Allama Abu Ishaq Shatibi, the author of Al-Muafiqat, who is renowned as a profound authority on the Objectives of Shariah, the knowledge of this subject holds paramount significance in any Ijtihadi work, while the knowledge of all other subjects is secondary to it. The Islamic Fiqh Academy has undertaken a lot of groundwork and sustained preparations to create an enriching atmosphere for deliberations, exchange of views, discussions and better understanding on this important subject. As a result, not only was the Workshop held amidst the serene and ambient environs of Jamia Hamdard, there was also an adequate arrangement for the stay of the participants and delegates within its compounds. It certainly provided for higher levels of academic and intellectual interaction with more time at their behest. The delegates participated in all the sessions enthusiastically in a perfectly academic setting.
In order to have a more profound impact, the modern means of communication and presentation were employed in the Fiqhi Workshop. The multimedia projector was used to elaborate and elucidate upon the issues. Through the Compact Disc (CD), such lectures were also displayed, which could not be delivered on the spot by some of the delegates who could not make it to the function. Blackboards were also used for the purpose of explanation. The Academy also arranged for certain important academic and research works related to the subject, to be made available to the participating delegates. Therefore, a few compiled research works were dispatched to numerous delegates prior to the Workshop. Further, a number of valuable academic discussions, papers and write-ups were distributed amongst the delegates during the Workshop as well.
In this first Fiqhi Workshop of its kind, the programme was scheduled in such a way so as to make the participation of research scholars more meaningful and beneficial. After every lecture, the delegates in the Workshop were given enough room and intervening period to participate in the deliberations and discussions with renewed enthusiasm and vigour. Queries and doubts could be raised, explanations and thought-provoking answers would follow to enlighten the minds of people. These discussions could be summed up in no better way than the following couplet due to the academic insight, intelligence and broadmindedness of the participants
Maulana Mujahidul Islam Qasimi, who laid the foundation stone of the Fiqhi movement in the annals of modern Fiqhi history of India, had envisaged two gigantic plans for training and preparing individuals, through the Islamic Fiqh Academy (India), in view of resolving the contemporary issues. The 5-day Fiqhi Workshop stood as an important milestone in the direction of one of the two objectives.
Initially, Maulana Syed Mohd Rabey Hasani Nadvi had consented upon presiding the inaugural session of the Workshop. However, because of non-confirmation of his railway ticket and unavailability of a ticket for the earliest-bound plane, he could not make it to the inaugural session. Instead, the renowned scholar, Maulana Professor Syed Mohd. Ijtiba Nadvi presided over the session. The session picked up momentum with the inaugural address by the acclaimed writer, Maulana Syed Jalaluddin-Umari, the Deputy Chief of Jamaat-e-Islami (India). The prolific scholar, while shedding academic light on the momentousness of the Objectives of Shariah in his awe-inspiring articulation, said that the very revelation and existence of the Shariah suggests that man could be benefited from the virtues of religion and the world. Clause after clause, it has been emphasized that the most superlative objectives of life ought to be fulfilled by way of the best-possible means. Time and again, he quoted from the Quran and the Hadith stressing upon the fact that it is imperative upon every Muslim to consider the Shariah of the Almighty as enriched with wisdom and free from all kinds shortcomings. Further, in case he fails to comprehend the wisdom underlying a particular precept, he should consider it as the limitation of his owns mind, rather than putting the blame squarely on the Shariah. Appreciating the tremendous utility of this Workshop, which was held under the aegis of the Islamic Fiqh Academy, he termed it as a significant step and expressed his optimism that the individuals who would be prepare hereafter, shall certainly have a profound and in-depth vision over the religious instructions and the Objectives of Shariah. As a result, they would be capable of rendering more effective services.
In context of the introduction of the programme, the Secretary (Academic Affairs) of the Academy, Maulana Ateeq Ahmad Qasimi presented an immensely productive academic paper, the copies of which were later distributed amongst the participants. He reiterated that the entire gamut of guiding instructions and teachings of Allah and His Prophet (SAW) were based upon magnificent objectives and expediencies. Each of the instructions of Shariah encapsulates a lot of wisdom.
Furthermore, he quoted Hazrat Shah Walilullah ® in the context of Hujjatullah - Albaligha where he criticizes the people who say that the instructions of Shariah are merely a test and trial of the humankind. By themselves, they are definitely not the objectives and expediencies in the context of these instructions and preachings. He further added that Shah Sahib ® related 7 great benefits of the compilation of the Objectives of Shariah. Taking a detailed historical review of the research works carried out on the subject of the Objectives of Shariah, he gave a special account of the works and contribution of Imam-ul-Haramain Abdul Malik Juwaini (478 AH), Imam Ghazali (505 AH), Imam Izzuddin bin Abdus-Salam (606 AH), Imam Shahabuddin Qarafi (685 AH), Sheikh Najmuddin Toofi (716 AH), Hafiz ibn Rajab Hambali (795 AH), Hafiz ibn Taimiyyah (727 AH), Hafiz ibn Qayyim (751 AH), Sheikh Abu-Ishaaq Shaatibi then after a long gap of four hundred years Shah Waliullah Muhaddis Dehlavi ® (1176 AH), Maulana Qasim Nanotvi (1297 AH) and Maulana Ashraf Ali Thanvi (1362 AH) and the works of Allama Mohammad Tahir bin Aashoor Tunisi (1973), Allama Alal Faasi Marakashi (1974) both of them hailing from the Arab world. He also mentioned the great contribution of Sheikh Ahmad Reesuni, Dr Yusuf Hamid Alam, Dr. Jamaluddin Atiya and Sheikh Ismaeel Hasani who are associated with Al Mahad-ul-Alami, lil Fikr-il-Islami, an esteemed institution of Arab think tanks, established in 1981. The learned Maulana during his academic articulation on the subject of the Objectives of Shariah, while stressing upon the need and importance associated with holding the Workshop in Delhi, explained the finer points and aspects of the subject, that neither it is appropriate to ignore the Objectives of Shariah, which have been verified by and deduced from the Holy Book or the Sunnah nor is it justified to decide upon the Objectives on one’s own without giving due weightage to the Holy Quran or Sunnah. Bringing forth the relevance and exigency of the Workshop, he, further, pointed out that it will make us abreast with the knowledge as what kind of works have been taken up on the subject of the Objectives of Shariah till date? What are the new areas, which are still awaiting the attention of research scholars? What importance the subject commands in the present circumstances? Also, what role it can play in resolving the contemporary issues and what precisely are the limits and periphery of this field of study?
Maulana Khalid Saifullah Rahmani, the General Secretary of the Academy, extended a warm welcome to the audience present in the Inaugural Session and addressed them in the most profound way, which was academic, ideological as well as historical. In the historical sense, he related the illustrious history of the perennial springs of knowledge in our country in the form of Ulama, besides presenting the gamut of glorious academic contributions of Allama Ruknuddin Nagori, the author of Fatawa Hammadiyah ; Alim bin Ula Dehlavi , the author of Fatawa Tatarkhaniyah; Qazi Gujrati, the author of Khazanat-ur –Riwayat; Allama Shahabuddin, the author of Fatawah Ibraheem Shahi; Aurangzeb Alamgeer; amongst the Shafai Fuqaha Sheikh Abdul Aziz Malabari , Allama Safi Hindi in the field of Principles of Fiqh; Mullah Abdul Shakoor, an eminent Faqeeh and the author of Musallim-us-Suboot; its commentator Allama Bahr-ul-Uloom Lukhnavi; Maulana Abdul Hai Firangi Mahali ; Nawwab Siddique Hasan Qannauji; Mullah Jeewan in the field of Fiqh-ul-Quran; Maulana Zafar Ahmad Usmani, Maulana Zaheer Ahsan Shauq in the field of Fiqh-ul-Hadith; Maulana Zafar Ahmad ; Shah Waliullah Muhaddis Dehlavi; Maulana Ashraf Ali Thanvi; Maulana Muhammad Sajjad ; Allama Syed Suleman Nadvi ; Maulana Anwar Shah Kashmiri; Maulana Ali Miyan Nadvi and from amongst the contemporary Ulama Maulana Ali Ahmad Nadvi in a brilliant way. In the academic sense of the welcome, he said that the most prominent characteristic feature of Shariah is its perpetuity and eternity. Moreover, the status of the Objectives of Shariah is everlasting and universal as well. In the light of the types of the Objectives and their levels of degree, he added that if the Fuqha keep these fundamental objectives in the forefront, they would certainly neither have such liberty in their views, such that the instructions encompassing discomfort as mentioned in the Shariah, become meaningless, nor should the restrictions of Shariah fill up so much space that people start feeling choked up. Before raising certain thought-provoking questions during his speech, the General Secretary expressed his thankfulness for the Washington based Al-Maahad-Al-Aalami Al-Islami, which sponsored this Training Programme of the Academy. The respectable Maulana urged the young scholar graduates hailing from various parts of the country to make these fundamental points, the subject of deliberation for the implementation of Shariah in the quest of resolving the newer issues, such as if analogy is in stark contradiction of the Objectives of Shariah, which one amongst them would be preferred over the other? If a conjectural Quranic injunction is contrary to the public interest, would there be an apportionment in the aforesaid injunction?
Citing examples of fixation of prices as presented by the Fuqha in the backdrop of the oppression by the traders and Prophet’s (SAW) prohibition with respect to the price-fixing, he asked if, in the present circumstances, the injunction is left unobserved, in the greater interest of the society, would it amount to be as dereliction of duty or it would be termed as the observance of the Quranic injunction in an altogether changed scenario? Similarly, if the mutual relationship between cause and expediency breaks would the basis of decrees shall be the juristical (Fiqhi) causes or the expediencies of Shariah?
Maulana Syed Mohammad Rabey Hasani Nadvi had sent the inaugural address for the Workshop by fax. This thought-provoking and enlightening speech was written in Arabic, the Urdu summary of which was undertaken by the writer of this account (Mohammad Faheem Akhtar Nadvi). Respected Maulana emphasized upon the fact that basically the Islamic Shariah is a decent way for human beings to lead a life, presented by the Creator of one and all. Different prophets, especially the last prophet, Muhammad (SAW) brought this gift. Those who spent their lives in grasping its meaning, are the ones who hold authority on its interpretation. Differences in opinions did take place amongst them owing to the difference in deduction from the injunctions of the Shariah. However, they were certainly not linked with any personal desire or gratification rather they were based solely on the differences emerging out of the understanding and deduction of the clauses of Shariah with all sincerity and selflessness. It was a turning point in the sense that the seeds of various Fiqhi schools were sown at this juncture. Respected Maulana further told that there were four prominent Fiqhi schools amongst them. The Hanafi school of thought gained prominence in Trans-Oxiana, Khurasan, India and Turkey while the Maliki School of thought carved a niche in the regions of Arabian Morocco. In addition, the Shafai School of Thought created resonance in Hijaz, Yemen, Egypt and the coastal areas of India. The fourth School, that is the Hambali School of thought was widely adhered in Najd region and certain other areas. The people of the respective regions followed their own particular school of thought. In the meantime, a section of Ulema also emerged, subscribed to the thought that instead of following the interpretations of the above-mentioned schools, one must take direct instructions from the Islamic sources. In a similar fashion, another theory came up in relation to the Fiqhi schools which, although was not a Fiqhi school in the real sense, but much closer to it. Maulana Rabey Hasani also said that after the initial few centuries, the situation of the world did not undergo such a large-scale change that Ijtihad could be resorted to, in a big way, as in the erstwhile times. However of late, the ever-growing challenges of the modern civilization in the present times have created a need for massive Ijtihad. Nevertheless, because of a conspicuous scarcity of encyclopaedic luminaries, the individual Ijtihad has been gradually replaced by the various Fiqh Academies in different regions of the Islamic World, who are working towards collective Ijtihad itself. The Islamic Fiqh Academy is one of the links in this long chain. While speaking at length about the Fiqhi tasks being carried out in India in a magnificent way, the establishment of the All India Muslim Personal Law Board and the sincere efforts undertaken to safeguard the Shariah in the background, Maulana Hasani paid his heartfelt tributes to late Maulana Qazi Mujahidul Islam Qasimi saying that he was one of the forerunners in this movement and the Academy which was founded by him is delivering yeoman service in the current circumstances.
During the Inaugural Session, several renowned academic and intellectual personalities from all over the country, while expressing their views, appreciated the glorious way in which the Academy has rendered its services throughout. Expressing his pleasure, Maulana Asrar-ul-Haq Qasimi said that the superlative work started off by the late Qazi Sahib, still continues to prosper and grow even after his sad demise. Moreover, Dr. Muhsin Usmani added that the way Imam Abu Haneefa ® had transformed the Fiqhi task into a collective one during his period and the way in which several Ulama had given certain tasks the form of a movement, time and again in history, similarly Qazi Sahab ® had also remoulded the Fiqhi research work in India into a complete movement. Paying further tributes, Dr. Usmani elaborately explained that the qualities of love and affection were inherent in him and he integrated all the religious leaders of the Islamic community and that of India, irrespective of any school of thought and ideology, on a single platform in Fiqhi pursuits.
The personality of Abdur Raheem Quraishi Advocate needs no introduction as such. He brought forth the relevance of the Academy and the Workshop in explicit words during his thought-provoking oration. He also credited the Islamic Fiqh Academy as a symbol of the foresightedness and vision of the great visionary, late Qazi Mujahidul Islam Qasimi ® in the perspective of various areas of contemplation and re-interpretation in the wake of the changes taking place as an outcome of the contemporary civilization.
The final address of the Inaugural Session was delivered by Prof. Maulana Syed Ijtiba Nadvi, in which he emphasized upon the significance of the Objectives of Shariah highlighting its relevance and application in the modern context besides analyzing in detail, the supreme contributions of the prominent contemporary Fuqhaa (Islamic jurists) in the Arab world. He shed light on the demanding aspects of the Workshop and further enlightened up the people about the crucial role of the Ulama having expertise in Fiqh and Shariah, in solving the issues of the present era. Finally, the Maulana praised the efforts made by the Academy and paid rich tributes to the great visionary, Hazrat Qazi Sahib ®, winding up his speech. With it, the Inaugural Session also came to an end with the invocation of Allah’s blessings.
Delhi, which is the capital of the country, becomes the capital of the cold regions as well, during the cold and harsh winter season. There was a sheet of thick fog over Delhi on the morning of Sunday, the 21st of December. The cold had become deeply embedded in the environs of Delhi. Despite the adversities, intellectuals and think tanks had gathered from different parts of Delhi and graced the Inaugural Session. The Academy had arranged for a ceremonious lunch for the participants.
The academic sojourn of the Workshop was also supposed to commence from the evening session of the same day. From now onwards, the remaining sessions of the 5-day long programme were exclusively reserved for the delegates of the Workshop. So, the first academic session began in one of the adjoining halls of Jamia Hamdard, in which Maulana Ateeq Ahmad Qasimi, the Secretary (Academic Affairs) of the Academy, delivered the first academic lecture. The topic of this lecture was, ‘An introduction to the Objectives of Shariah and its long historical journey from the 1st century AH upto the 14th century AH’. The subject, no doubt was highly important and extensive too. Shedding light on the historical aspects of the Objectives of Shariah in an almost 2 - hour long academic lecture, the learned Maulana said that it was Imam-ul- Haramain, Abdul Malik Juwaini who first classified the instructions of Shariah into 3 categories. These were called Zarooriyat (Pressing needs), Hajiyat (Daily Necessities) and Tahseeniyat (Ameliorations). The learned Maulana further spoke about the highly academic rank and stature of both of Imam Juwaini’s books, Al- Burhan- u- fi- Usool- il-Fiqha and Al- Ghayasu- fil-Tiyasiz -Zulumi. He also said that for the first time, Imam Ghazaali spelt out, the upholding and safeguarding of the Religion, the Life, the Property, the Wisdom and the Race as five Objectives of Shariah. During the same ongoing session, the second lecture based on the subject of ‘Characteristics of the Islamic Shariah’ was played on a CD. Dr. Taha Jabir Al-Ulwani had delivered it. Throwing light on the characteristic features of the Shariah, Dr. Ulwani told that in the first generation, the Sahabah ® received the Islamic Shariah from the Prophet (SAW) of Allah. The second generation, copied and followed it, while the third generation held Ijtihad and deduction in the background of the Shariah.
During the morning session of 22nd of December, Maulana Khalid Saifullah Rahmani presented his speech. The subject of this speech was highly significant and full of the contemporary purports. In his enlightening lecture on the topic of ‘The Burning Issues and the Role of the Objectives of Shariah in Resolving the Problems of the Muslim minorities’, Maulana Rahmani brought forth several examples drawn from the Islamic Fiqh emphasizing that in view of the Objectives of Shariah, changes have been made in the instructions time and again on the basis of two primary reasons- one was the change of the times and other the disturbances therein. The change in the times does include the change in moral and ethical values, change in customs and practices and change in the political system. For example, our Prophet (SAW) had refrained people from capturing stray camels, yet Hazrat Usman Ghani ® had ordered to capture and save them. During the times of the Prophet (SAW), the womenfolk were allowed to enter the mosque. However, Hazrat Ayesha ® told people to abstain from this practice. Holding of workmen used to be considered as trust, however Hazrat Ali ® took them as sureties. Basically, all these happening took place because of moral turpitude. As a result of immense political transformation, the restrictions imposed on taking remunerations for such pious deeds as Azaan (call for prayer) and Imamat (leading the prayer) was withdrawn. Because of there being no utilization of Khams, a Fatwa was issued enabling Sadats to accept Zakah. Because of a change in the customs and practices, reasons were cited for the sale of silkworms, participation in livestock, etc. As far as the contemporary issues were concerned, an opinion was built up on subjects like the relevance of vote, joining and participation in the activities of political parties and accepting government posts, after weighing the Objectives of Shariah thoroughly.
The second lecture which came up today itself was that of Maulana Badrul Hasan. He is an eminent research scholar and religious think-tank. Moreover, he holds a close affinity with the researches in the modern world besides having a treasure-trove of ancient knowledge. He is also the Vice-President of the Academy. He could not make it to the function by himself. Maulana Badr Ahmed Mujeebi Nadvi read out his speech. The thought-provoking and academically enriching speech was on the topic of , “The Sources of Instructions of Shariah and their Status”. It emphasized upon the fact that it is vital and beneficial for all human beings to be abreast with the Objectives of Shariah. If a person knows Sharai instructions and also the logic and rationale behind them , his belief would certainly get strengthened further while his faith would become fresh again. This was the primary reason why after Imam Ghazali, Allama Izzuddin, Allama ibn –al- Qayyim, Allama Shaatibi, Shah Waliullah Muhaddis Dehlavi, Maulana Qasim Nanotvi and others made the secrets of Shariah their favorite subjects. The learned Maulana termed the entire debate on the issue that whether the deeds of Allah, the Almighty, are laden with motives or not? as outmoded pointing out that this discussion pertains to logic rather than the principles of Fiqh. According to an eminent researcher, Ibn-e-Ilhimam, most of the later Fuqhaa (Islamic jurists) subscribe to the view that the expediencies of humankind have been given due weightage in the divine instructions. Maulana Qasimi dealt with three categories of the Objectives of Shariah as well as their various aspects -- safeguarding of religion, life, wisdom, race and property -- in an elaborative and detailed manner, reinforcing his views with appropriate examples and reasonings. He also described the rule of giving due preference to the stronger one in the event of a diverging course between two conflicting expediencies. The Vice-President of the Academy also sent his write-up in Arabic for the Workshop, in which bringing forth the greater significance of the Workshop and the subject of ‘Objectives of Shariah’ in the background of the prevalent circumstances, he expressed his pleasure and satisfaction over the momentous woks carried out by a number of Islamic scholars belonging to Al- Maahad Al- Alami- lil- Fikr- il- Islami as well as the higher degrees of academic interaction between the Academy and the institution.
Maulana Badrul Hasan Qasimi conducted an in-depth critical analysis of the changed circumstances. Remarking over the hypocritical and Janus-faced policies of some of the dominant powers of the modern world, in his thought-provoking and representative speech, he stressed upon the need of the hour that a blue print of the religious and reformative programmes for the future has to be prepared along with explaining the objectives of Shariah in detail. The learned Maulana further said that the best way of understanding the implications of the contemporary era and presenting the Islamic teachings in a state-of-art manner is, certainly, not to verbally comment upon the Western culture, sitting in the East. Instead, the West ought to be made acquainted with the salient features of Islamic teachings in a sequential manner. Since the essence or soul of the Islamic Shariah is nothing but the objectives of Shariah, the first and foremost step in this process, therefore, would be to elucidate upon the applied objectives of Shariah. Furthermore, the Maulana expressed his hope that the initial emphasis in the Fiqhi Workshop on the subject of the ‘Objectives of Shariah’, would be to accomplish the following two agenda, primarily.
- The basic elements pertaining to the Objectives of Shariah and the five-fold tenets of safeguarding and protection of religion, life, property, wisdom and self- respect or honour have to be made the crux or basis of all dialogues, contemplations and agreements, the world over.
- To strive for curbing and arresting the anarchy prevalent in the world of ‘Fatwahs’, throughout the length and breadth of the Islamic world, in addition to streamlining and homogenizing Fatwahs with the Objectives of Shariah, so that life and property of the Ummah could no longer be at stake because of the impacts of conflicting Fatwahs.
The presence of several such personalities from the Arab world was awaited in the 5-day long Workshop organized by the Academy, who bear an authority on the subject of the objectives of Shariah. The notable amongst them were the Chief Mufti of Egypt, Dr. Ali Jumua; eminent think - tank Dr. Jamaluddin Atiya; expert on the Objectives of Shariah, Dr. Ahmad Resuni and another scholar on the same subject, Sheikh Ismaeel Hasani. However, due to varied reasons, they could not make it to the Workshop. However, the great scholar of the Objectives of Shariah and well-known versatile academic personality Dr. Salahuddin Abdul Haleem Sultan reached the venue in the evening of 22nd December from the United States. The learned gentleman is the President of the Islamic American University, member of the European Iftaa Council and a prolific author of numerous well-known academic books. He bears a great religious fervour. As an efficacious personality he has deep-rooted and comprehensive knowledge and foresight and is indubitably an asset to the society. Just after his arrival, he addressed the Workshop in Arabic language during the evening session, exuding tremendous faith. In the perspective of the significance of Ijtihad pertaining to the objectives and the one pertaining to reforms, he urged the young religious scholars to become an icon of both the peity on the one hand and expertise in Shariah on the other. After the faith - restrengthening address of the learned think - tank, a second lecture of Dr. Taha Jabir Al- Ulwani was presented through a Computer CD. It was in chaste Arabic and was centered on the grave consequences of the neglect of these ideological objectives, in explicit terms. The morning session of the third day of the Workshop, held on the 23rd of December was more significant in the sense that on the one hand, Dr. Salahuddin Abdul Haleem Sultan delivered his extremely scholarly, eye - opening and detailed lecture straight from the heart.
In the lecture, arguments and reasonings were presented on three facets related to underlying principle, kinds and needs of the Objectives of Shariah in the light of the Holy Quran and Prophet’s Sunnah solely citing the contemporary applied examples. Under the principle of the Objectives, he defined the Objectives and put forth its significance. He also shed much light on the Common Objectives, the Special Objectives and the Partial Objectives while speaking on their kinds. Thereafter, while dealing with their need, he explained the two different points of view of Sahabah ® on following the instructions of the Prophet (SAW) while offering the ‘Asr’ prayer in Banu Quraiza. With reference to Ibn - ul - qaiyyim, he said that the predecessors offering Asr prayer on the way are the people who believe in essence and those who offered Asr at Bani Quraiza are those who believe in manifestation.
On the other hand, today itself, Maulana Rabey Hasani Nadvi graced the Workshop. Maulana Wazeh Rasheed Nadvi, Maulana Mohammad Ijtiba Nadvi and Maulana Anees - ur - Rehman Qasimi also accompanied him. Maulana Rabey Nadvi delivered an absolutely inspiring and stimulating speech in Urdu, which was centered on the immense need for Collective Ijtihad keeping in view the characteristic features of the Islamic Shariah. He also applauded the efforts of the Fiqh Academy and termed the Fiqhi Workshop as a constructive and noteworthy step in this regard. Maulana Wazeh Rasheed Nadvi also emphasized upon the need for giving due attention to Fiqh in the pursuit of homogenizing the Islamic Shariah with our lives, during his oration. Further, he was highly appreciative of the services being rendered by the Fiqh Academy in this field. Maulana Mohammad Ijtiba Nadvi said that it is mandatory to have a fairly good knowledge of Arabic in order to have an in - depth study of various disciplines of Shariah. Besides, it is also necessary for a Faqeeh to be in touch with the happenings around the dynamic world.
In the evening session, the lecture of Dr. Salahuddin Abdul Haleem Sultan occupied centrestage, since it was related to a weighty subject having multifarious dimensions. During the second phase of the lecture, Dr. Sultan talked about the historical significance of the Objectives. He made it clear that Sahabah ® used to keep the Objectives of Shariah in the foreground while deducing the solutions. The next generation and the great Imams invoked the parameters of the Objectives widely, although the first work on this subject was that of Hakeem Tirmizi. Thereafter, Imam Juwaini wrote on the subject, following which it continued to gain ground in academic pursuits.
The first lecture of the morning session on the 24th of December was dedicated to the views of the luminary, who is regarded as the Imam (pioneer) in the field of the Objectives of Shariah. Therefore, today Dr. Sultan, highlighting the viewpoints of Imam Shaatibi, presented the first lecture. During his speech, Dr. Sultan, giving a detailed introduction of Imam Shaatibi’s viewpoints regarding the Objectives, explained the ‘modus operandi’, which should be adopted in case of a conflict between various objectives. He said that if a deed based on the Objectives of the legislator is contrary to the intention of the legislator, it would not be accepted at all. That is why, it has been instructed to refrain from the Zarar Mosque, although in visible terms, the intention of the legislator was to construct a mosque. Appreciating the great work of Imam Mohammad Taahir bin Aashoor in the most explicit terms in regard with the Objectives of Shariah and their application in contemporary times after Imam Shaatibi, Dr. Salahuddin said that he further added two more objectives- freedom and equality - in the list of the 5 well - known and accepted Objectives of Shariah. Moreover, it was Imam Ibn-e-Aashoor himself who endeavoured to make the study of Objectives of Shariah, a permanent field of study, inviting people to work on the subject.
Maulana Burhanuddin Sambhali, the well-known scholar of India, the Shaikh-ut-Tafseer of Dar-ul-Uloom Nadvat-ul-Ulema and the Vice-President of the Academy, delivered the second lecture of this session. He delivered an extremely academic and enriching lecture on the topic of ‘Relationship between the Objectives of Shariah and the Principles of Fiqh’ in Arabic. In his speech, making a general appreciation of the Principles of Fiqh and the Objectives in the light of the parameters of both the principles, the learned speaker threw ample light on the meaning and concept of Fiqh in a historical perspective. Further, with reference to Imam Shaatibi and Imam Ghazali, he made it clear in the context of the Objectives, that there exists a strong relationship between the Principles of Fiqh and the Objectives of Shariah. Often, the terms Hikmat (underlying reason), Illat (cause) and Maslahat (expediency) have been used during the discussions and deliberations on the Principles of Fiqh. The Quran itself has used all these three terms. With reference to the issues, the learned Maulana quoted the great enlightening work, “Hujjat-ullah Al-Baligha” of Hazrat Shah Waliullah Muhaddis Dehlavi ®, saying that of the two subjects of study conferred by the legislator, one is the study of expediencies and chicaneries and the other is associated with the subject of law, punishment and duties, which clearly suggests how vital is it to keep track of expediencies and chicaneries simultaneously.
During the evening session, the lecture of Dr. Jamaluddin Atiya was played by means of a Computer CD just after Asr prayers. Thereafter, Dr. Salah Sultan delivered a splendid lecture on one of the most important topics, taking the help of modern means of communication. The lecture delivered in a ‘written’ format using the projector was based on the subject of “Procedural Regulations” for the Fiqh of Muslim minorities. The regulations, which were mentioned by the learned speaker in the preparation and synchronisation of the subject of the ‘Fiqh of Minorities’, were as follows:
- A deep sense of citizenship of the country.
- Responsibility of reforming the country.
- Knowledge of Sharai injunctions as well as that of the happenings and circumstances.
- Collective Ijtihad in matters of general issues.
- Harmony amongst various Fiqhi Schools of thought and to get most out of them.
- An eye on the Objectives, rules and principles with reference to social intercourse and minor precepts in matters of worship.
- Formulation of a prerogative structure in accordance with the internal possibilities as well as the external circumstances.
- Adopting the lenient Fiqh and room for categorization.
- Presenting permissible alternatives for prohibited matters.
The learned speaker explained each of the regulations in the light of the Quranic verses, the Hadith of Prophet (SAW) together with incidents and examples culled from the real life, which enabled the listeners to grasp the concept of the issue, faster. Dr. Salah Sultan further added in this context that all the Fiqhi schools of thought are simply the streams emerging out of the voluminous river of Islamic Shariah. All of them have the same source from where they originate. If any of the streams isolates itself from the source, it would dry up soon. He also said that the differences in the mind and ideologies are a boon, while the differences in the heart result in misery and rift.
The 25th of December was the final day of the Workshop. The concluding session was also scheduled for today itself. During the morning session, Dr. Salahuddin Sultan delivered his final hortative address before the gathering in the beginning of the session, where he urged people to acclimatize themselves with the traits of the faith and belief, fear of God, piety and purification, as well as logical and practical reasonings and arguments. Thereafter, a few delegates presented their views and academic criticism on the books of Al-Maahad-ul-Aalami lil-Fikr-il-Islami pertaining to the subject of the Objectives of Shariah, in which their utility as well as departures on various aspects were vividly highlighted. Furthermore, after this session, a number of delegates expressed their heart-felt appreciations and admiration on the benefits accruing from participation in it and its ubiquitous need. On the whole, the delegates had a unanimous view that such kind of academic Workshops need to be organized time and again, where Ulema from India as well as the Arab world could interact with each other on intellectual, academic and ideological lines.
The concluding session of the Workshop was scheduled after the interlude for tea. It was presided over by Maulana Burhanuddin Sambhali. During this session, Maulana Khalid Saifullah Rahmani drew the attention of the delegates towards the results and outcomes of the Workshop. Maulana Ateeq Ahmad Bastavi gave the delegates a few sincere advices and friendly reminders, following which the President of the present session laid emphasis on the need for more in-depth studies and research and persuaded the audience therefor.
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