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Title: رَدُّ الْمُحْتَار (فتاوی شامی) اور فتاوی عالمگیری (فتاوی ہندیہ) کی عصری تطبیقات: امکانات و اقدامات: Radd-ul-Muhtār (Fatāwā Shami) and Fatāwā Ālamgīrī (Fatawa al-Hindiyya) Contemporary Applications: Prospects and Opportunities
Authors: Zulfiqar Ahmad, Muhammad Shabir, Ahsan Javeed
Journal: Al-Salihat (Journal of Women, Society, and Religion)
| Category | From | To |
|---|---|---|
| Y | 2024-10-01 | 2025-12-31 |
Publisher: GCLT (Global Center for Legal Thought)
Country: Pakistan
Year: 2024
Volume: 3
Issue: 2
Language: Urdu
Keywords: Classical Islamic Texts Contemporary Islamic Jurisprudence Fatawa Alamgiri (Fatawa Hindiyya)Hanafi Juristic MethodologyIslamic Legal TheoryRadd-ul-Muhtar (Fatawa Shami)
Radd-ul-Muhtar (Fatawa Shami) and Fatāwā Ālamgīrī (Fatawa al-Hindiyya) stand as cornerstone works in Islamic jurisprudence, particularly within the Hanafi school of thought. This research examines their contemporary applications and potential adaptability to modern challenges, with a specific focus on their implementation in countries where Islamic law holds constitutional significance. The study employs qualitative methodology to analyze how these classical texts can address current economic, social, and technological issues while maintaining their foundational principles. The research reveals that these works provide flexible principles that can be adapted to contemporary situations through proper interpretation and systematic implementation. Analysis shows their relevance in three key areas: modern financial transactions, family law adaptations in the digital age, and emerging technological challenges. The study demonstrates how principles from these texts can be effectively applied to issues such as digital banking, social media-related disputes, and modern commercial practices. Key findings indicate that successful implementation requires a three-pronged approach: systematic interpretation methodology, integration with modern legal frameworks, and application of ijtihad (juristic reasoning) in new contexts. The research also identifies implementation challenges, including cultural differences, technological advancement, and modern social structures. Recommendations include establishing specialized research centers, developing digital tools for text analysis, and creating standardized implementation frameworks. The study particularly emphasizes the importance of training legal experts who can bridge classical Islamic jurisprudence with contemporary needs. This research contributes significantly to the field by providing a practical framework for implementing classical Islamic texts in modern contexts, particularly valuable for countries like Pakistan where Islamic law holds constitutional status. It offers concrete solutions for harmonizing traditional Islamic jurisprudence with contemporary legal requirements while maintaining religious authenticity.
To examine the contemporary applications and adaptability of Radd-ul-Muhtar (Fatawa Shami) and Fatawa Alamgiri (Fatawa al-Hindiyya) to modern challenges, particularly in countries where Islamic law holds constitutional significance.
Qualitative methodology employed to analyze how classical Islamic texts can address current economic, social, and technological issues while maintaining foundational principles.
graph TD;
A["Analyze Classical Islamic Texts Radd-ul-Muhtar, Fatawa Alamgiri"] --> B["Qualitative Analysis of Contemporary Issues"];
B --> C["Identify Adaptability and Application"];
C --> D["Formulate Findings on Relevance and Implementation"];
D --> E["Propose Recommendations and Solutions"];
E --> F["Conclusion on Harmonizing Tradition and Modernity"];
The research highlights the potential of Radd-ul-Muhtar and Fatawa Alamgiri to address modern issues such as digital banking, social media disputes, and commercial practices. Challenges include cultural differences, technological advancement, and modern social structures. Recommendations include establishing specialized research centers, developing digital tools, and creating standardized implementation frameworks. Training legal experts who can bridge classical jurisprudence with contemporary needs is crucial.
Classical Islamic texts provide flexible principles adaptable to contemporary situations through proper interpretation and systematic implementation. Their relevance is evident in modern financial transactions, family law adaptations in the digital age, and emerging technological challenges. Successful implementation requires systematic interpretation methodology, integration with modern legal frameworks, and application of ijtihad.
This research offers a practical framework for implementing classical Islamic texts in modern contexts, particularly for countries like Pakistan. It provides solutions for harmonizing traditional Islamic jurisprudence with contemporary legal requirements while maintaining religious authenticity.
1. Constitution of Pakistan (1973): The text mentions the "Constitution of Islamic Republic of Pakistan" (Government of Pakistan, 1973), indicating its relevance to the study's focus on countries where Islamic law has constitutional status.
2. Historical Figures: The text references historical jurists and their works, such as Ibn Abideen (1836-1784) and Alamgir (1707-1658), placing the classical texts within their historical context.
3. Contemporary Technologies: The study discusses the application of Islamic jurisprudence to modern technologies like AI, Machine Learning, Blockchain, Metaverse, and Digital Humanities, demonstrating the contemporary relevance of the classical texts.
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