فقہ اسلامی کی تشکیل جدید کے ضمن میں ڈاکٹر وہبہ الزحیلی کے افکار(الفقہ الاسلامی وادلتہ کا اختصاصی مطالعہ)

Dr Wahbah Al-Zuḥayli’s Thoughts on Reconstruction of Islamic Jurisprudence (A Specific Study of Al-Fiqh Al-Islami wa Adilatuhu)

Abstract

Islamic jurisprudence provides guidance to Muslims in every sphere of daily life. This legal system has evolved from primary level to the developed form since the time of beginning i.e. Prophetic era. During the lifetime of Prophet ﷺ, he was the absolute legal authority, however the Ḥadith of Muodh Ibn Jabal declares that Ijtihad was also permissible. This source of Islamic jurisprudence (Ijtihad) has perpetuated the principle of movement in Islamic legal system and has made it workable with the present modern world. In recent years, many jurists and thinkers have voiced the reconstruction of Islamic jurisprudence according to the needs of contemporary issues. Different ideas have been put forwarded by different scholars about this process of reconstruction. Some of them term it as complete legislation according to Quran and Sunnah, the others render it as new formation of Fiqh literature. Dr Wahbah Al-Zuḥayli, a prominent Syrian scholar and jurist is renowned for his thoughts on the reframing of Islamic jurisprudence. Dr Wahbah Al-Zuḥayli has a long list of academic works on his credit but his most famous book on comparative Islamic jurisprudence is Al-Fiqh Al-Islama wa Adalituhu. In this monument work, Dr Wahbah Al-Zuḥayli has suggested many new ideas to reframe the Islamic jurisprudence according to the needs of the hour. His core thought about this process is “to compile a cosmopolitan Fiqh from the collective Fiqh literature of all jurists”. An attempt has been made in this article to highlight the thoughts of Dr Wahbah Al-Zuḥayli on the reconstruction of Islamic jurisprudence.