Islamic Jurisprudence – Present State of Islamic Law

Q1. How has Islamic law evolved in the modern era?

Answer:

Islamic law has continued to develop over time to meet the changing needs and circumstances of the Muslim ummah. However, despite its continuous development, it has not been fully recognized or implemented in many Muslim countries, especially after the fall of the Ottoman Empire.

Q2. Which areas of Islamic law are still practiced in some Muslim countries?

Answer:

Many Muslim countries continue to implement certain aspects of Islamic law, although often with modifications. These areas include:

• Criminal law
• Inheritance law
• Family and marital law

Q3. What is Malaysia's contribution to the development of Islamic law?

Answer:

Malaysia has made significant progress in the field of Islamic banking and finance by developing laws and regulations that comply with Shariah principles. It is considered one of the leading countries in this area.

Q4. Why were Fiqh Academies established?

Answer:

Fiqh Academies were established to study and provide fatwas (Islamic legal opinions) on contemporary issues affecting Muslims. They help scholars apply Islamic law to modern challenges using the principles of fiqh.

Q5. What is the Islamic Research Academy (Majma' al-Buhuth al-Islamiyyah)?

Answer:

The Islamic Research Academy is one of the earliest international fiqh institutions. It was:

• Founded by Al-Azhar University in Egypt.
• Established in 1961.
• Composed of scholars representing different madhhabs (schools of Islamic jurisprudence) from various Muslim countries.
• Headed by the Grand Sheikh of Al-Azhar.

Q6. What is the International Islamic Fiqh Academy?

Answer:

The International Islamic Fiqh Academy is an important institution established under the Organisation of Islamic Cooperation (OIC). It was created following Resolution No. 8/3, which was adopted during the OIC meeting held in Makkah al-Mukarramah on 28 January 1981. Its role is to discuss and issue rulings on contemporary Islamic legal issues.

Q7. Is there another Islamic Fiqh Academy besides the Al-Azhar and OIC academies?

Answer:

Yes. Another Islamic Fiqh Academy operates in Makkah and was established by the Saudi Arabian Government to conduct research and provide Islamic legal opinions.

Q8. How do Muslim countries manage fatwa issuance at the national level?

Answer:

Most Muslim countries have official institutions responsible for issuing fatwas on fiqh-related matters. For example:

• Many Arab countries have Dar al-Ifta', which provides Islamic legal opinions.
• In Malaysia, this responsibility belongs to the Majlis Fatwa Kebangsaan (National Fatwa Council).

Q9. What is the main challenge faced by fatwa-issuing bodies?

Answer:

The greatest challenge is implementing the fatwas they issue. In many Muslim countries, the authority to issue fatwas is separate from the authority to make laws. As a result, a fatwa does not automatically become legally binding.

Q10. Why are fatwas not automatically enforceable as law?

Answer:

Fatwas are religious legal opinions, while laws must be enacted by the country's legislative authorities. Therefore, a fatwa can only become legally enforceable after it is approved through the legislative process.

Q11. How are fatwas implemented in Malaysia?

Answer:

In Malaysia, a fatwa issued by the Majlis Fatwa Kebangsaan is not legally binding by itself. It must first be approved by either:

• Parliament, or
• The State Executive Council,
• before it can be enforced as part of the country's law.

Q12. What is needed to strengthen the role of Islamic law in Muslim countries?

Answer:

A stronger role for Islamic law requires:

• Political commitment from the government.
• Competent and knowledgeable Islamic scholars.
• Cooperation between political leaders and religious authorities.
• Effective implementation of Shariah principles through the legal system.

Summary (Exam Points)

• Islamic law continues to develop but is not fully implemented in many Muslim countries.
• Some countries still apply Islamic criminal, inheritance, and family law with modifications.
• Malaysia is a leader in Islamic banking and finance.
• The Islamic Research Academy was founded by Al-Azhar University in 1961.
• The International Islamic Fiqh Academy was established under the OIC through Resolution No. 8/3 (28 January 1981, Makkah).
• Another Islamic Fiqh Academy was established by the Saudi Arabian Government in Makkah.
• Most Muslim countries have national fatwa bodies, such as Dar al-Ifta' and Malaysia's Majlis Fatwa Kebangsaan.
• Fatwas are generally not legally binding unless approved by the country's legislative authority.
• In Malaysia, Parliament or the State Executive Council must approve a fatwa before it becomes law.
• The effective implementation of Shariah requires cooperation between political authorities and qualified Islamic scholars.