Amaan Foundation Sharia shari’ah in today.(Sharia)

shari’ah in today.(Sharia)


 

ْي ِم ح

ن الر

ٰم ح

الر

س ِم

 

Introduction

 

Renewal of religious discourse in Islam (

tajdeed

) has taken center stage due to

the turmoil in Muslim lands nowadays. While the concept of tajdeed is legitimate, the implication (occasionally stated explicitly) that religious discourse is the root cause of the many problems from which Muslim- majority countries suffer is unfair. It deliberately overlooks a myriad of factors leading to these problems, which if examined, would show that these harms are partly self-inflicted and partly inflicted on Muslims by others.

However, it would also be unreasonable to claim that the contemporary

religious discourse is completely free of any guilt.

 

First, let me state here that it is only expected of any Muslim who believes that Prophet Muhammad ﷺ received a revelation from God to submit to that revelation and acknowledge its infallibility. After all, God is above any error. However, the religious discourse that is subject to this discussion is in part a human product that should not be conflated with the revelation itself nor treated as sacred. Infallibility is the characteristic only of the explicit text of the revelation (the Qur’an and the Sunnah) and of bona fide explicit scholarly consensus. Our understanding of the text may be far from what is intended. For example, our misunderstanding of some of our religious teachings may be contributing to the lack of righteous governance and the high level of corruption in the vast majority of Muslim countries. If,

however, someone claimed that Islam itself is responsible for this situation, then the simple answer is that contemporary Muslim generations are not better Muslims than the Companions of the Messenger ﷺ who were

successful in establishing righteous governance. In fact, the Columbia History

of the World

notes that ‘Umar established a system of government superior to

the bureaucracy of the Roman Empire, which had preceded Muslim rule.

1

 
         

 

Furthermore, tajdeed of religious discourse is not only a communal necessity, but it is a religious responsibility, as the Messenger ﷺ himself indicated:

 

ها دينَها

ُد ج ِِّد

ُي من

ة سنَ

مائَ ِة

ِِّل

رأْس

علَى

ث له ِذ ِه األُ َّم ِة

َع ْب

ن    ََللا تَ َعالَى

 

 

Indeed, Allah sends for this ummah, at the onset of every century, those who renew the religion for it.

2

 

Most people will agree that renewal is needed. Nonetheless, many disagree on what renewal consists of and exactly what part or parts need to be

tajdeed

 

renewed. Some accept the concept of                as long as it is limited to the

techniques of delivering daʽwah. Once religious content is addressed, many ‘conservative’ Muslims feel instantly uncomfortable. For some this is due

ummah

 

to fear of the unknown. This is partly because our                  suffers from a great

tajdeed

 

he

deen

 

Sunnah

     

 

 

deal of weakness and disunity, which fosters an environment of defensiveness

tajdeed

 

and mistrust. However, some of our fears of the call to                may

 

be justified. After all, many of the callers to

of t

are utterly

 

unqualified for the job. They dismiss much of the established                  and,

with complete disregard for the cumulative tradition, defy the definitive implications of the text of revelation. They are quick to dismiss the great jurists of Islam, claiming that they were but a product of their culture and were blindfolded by their biases. It also seems to the ‘conservative’ Muslim

tajdeed

 

that much of the proposed                is simply an act of unconditional surrender

tajdeed

 

to the mainstream modern culture, making the Divine instruction subject to the influence of people’s changing thoughts and social constructs. However, the problem with our timidity in contributing to this discourse about                                          is

that others may hijack its banner. Those who are frustrated with the condition

ummah

 

of the                 and are yearning for a change may well be tempted to

follow unqualified “renewers.”

This paper discusses certain aspects about the renewal of the religion, mainly the following points:    1. The validity of the concept of tajdeed and its scope

 

Tajdeed is mainly about restoration and adaptation    2. Do we need to renew the methodology of deduction itself (or the science of uṣool ul-fiqh)?

 

  1. Uṣool-related ijtihâd that may have impeded the renewal of religious

discourse           i. The problem of over-reporting consensus          ii. Departure

 

from the agreement of the four madhâhib and when a position outside them can be validated       b. Existing flexibility in the discipline of uṣool ul-fiqh          i. The role of maqâṣid (objectives) in the renewal of the religion          ii. The role of human intellect       c. Suggestions for incremental renewal within juridical theory

3. Practical examples of intended and unintended tajdeed

 

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