Codification & the Renewal of Contemporary Islamic Fiqh

Scholars Support Shari`ah Codification

Seminar Communiqué

The seminar, which was held in the Sultan Qaboos Grand Mosque between April 5-8 in the presence of top officials from the Sultunate of Oman, came in the context of: "The Development of Fiqh Studies in Oman Series." It was carried out under the auspices of the Ministry of Endowments and Religious Affairs of Oman.

The purpose of the seminar was to discuss two main issues: The codification and the renewal of contemporary Islamic Fiqh. According to the organizers of the seminar, "Codification here means combining all the legal rulings related to a given branch of law in book form or a set of books after classifying them according to subject matter. These rulings will take the form of legal articles." The meaning of renewal according to the organizers' brochures is, "Modernization via the use of scientific methods in order to meet the different requirements of life while maintaining Shari`ah-based principles."

This seminar is the 7^th in the series of "The Development of Fiqh Studies in Oman" which are held under the auspices of the Ministry of Endowments and Religious Affairs.

Twenty-nine research papers were presented and discussed throughout the 4-day seminar by a host of prominent scholars, academicians, and experts from many parts of the Muslim world. Among whom were Prof. Wahbah Az-Zuhaili, Prof. Muhammad K. Imam, Prof. Ali Al-Qara Daghi, Prof. Ridwan As-Sayed, Prof. Abdul Sattar Abu Ghudah, Prof. Qutub M. Sano, and Dr. Ragab Abu Malih.

The seminar concluded with the following recommendations:

1. In the light of the new events, common interests, and accelerating communications, participating scholars call for the necessity of codifying Shari`ah (Islamic Law) in order to facilitate its application and make it practicable for human needs in every age.
2. The seminar calls for approbating the Qur'an and the Purified Sunnah as two fundamental  origins, as well as regarding  the treasures of Islamic Fiqh, as rich primary sources for codification, so as to push forward the course of life they aim for and to conquer its renewable problematic issues.
3. The seminar values the efforts exerted for the purpose of codifying Islamic Fiqh, whether they are individual or institutional, either in one field of Fiqh or in several fields, and whether in a restricted doctrinal frame or in an open one. As the seminar considers such efforts praiseworthy endeavors, it recommends that Fiqh councils participate in this civilizational project in their periodical programs. Let this seminar be the beginning that will develop the idea of building a Fiqh council specialized in codification, to which this project should be entrusted. This council should include specialized experienced persons to guarantee its high level of performance and production.
4. In the renewal of Fiqh, the detailed proof in the deduction of legal judgments should be closely related to the overall objective of the Lawgiver. This invites us to stress on the necessity of considering the connection between proof and objective in the process of renewal. In fact, this issue should be raised as a subject in seminars and profound studies, in order to promote the process of Fiqhi Ijtihad in contemporary issues and new developments. This is necessary in order to attain the nation's interests and to be close to its everyday concerns.
5. The relationship between the individual and the society invites us to state that it is necessary to benefit from sociological studies and their methods in renewing Islamic Fiqh, and formulating an integrated methodology between these sciences.
6. Paying attention to collecting Fiqh issues in major categories known as 'Fiqh theories' such as: the theories of liability, harming, and contracting for the purpose of bringing to light the civilizational precedence of this Fiqhi treasure in establishing such theories.
7. The necessity of paying attention to the examples of renewal in our Fiqh heritage, as well as studying them critically so as to benefit from their positive aspects and correct their negative ones. In addition, these examples should be understood in their historical context, and the methodology of benefiting from them should be identified.
8. Reviving the method of deduction and reasoning on which Fiqh was founded during its golden era, and activating the Fiqhi mind to use understanding and criticism rather than just memorization and repetition. This Fiqhi mind should also realize the reasons and causes of its rulings as well as their objective, and should also target the aims stated by the Qur'an and represented by the Sunnah of Prophet Muhammad (peace and blessings be upon him) in human life.
9. Stressing the importance of the Fiqh of objectives, and the reformative roles it can play. In addition, highlighting the necessity of paying heed to the legal measures which protect people from both degeneration and stagnation.
10. Overcoming obstacles and difficulties that stand against the process of codification, whether they are connected to the codifier, his environment, or the legal entity.
11. Due to the fact that the process of codification is not an easy process, this calls for drawing up more accurate regulations for codification which control its process and guarantee its validity. Thus, scholars who are well-versed in studying society and its conditions and who depend on the most plausible rulings and statements should be entrusted with doing creative work regarding its categorization, the formulation of its subjects, and phrasing.
12. Subjecting the process of codification to continuous revisions which ensure it remains in accordance with the new developments of the age. This requires the formation of specialized committees to follow up this work and ensure its continuity, according to need and circumstances.
13. The importance of the media and its potentially large and effective roles to serve the Shari`ah objectives, and deepen its beneficial knowledge. This necessitates thinking of and developing programs and mechanisms that enable various media tools and parties  to perform their  supposed role in terms of serving religion and its eternal and humane Shari`ah.
14. We advise academic circles to pay heed to the study of codification and to direct post-graduate students toward this vital aspect of our Islamic Fiqh. We also recommend academic  circles to approve of comparative Fiqh, which compares the schools of thought that are prevalent today in our Muslim world without exception. It is especially important to highlight the contributions of Ibadi Fiqh in general and Omani scholars in particular.
15. There is a pressing need to codify criminal Fiqh. The incompletion of the application of the rest of the system of  Shari`ah does not mean abandoning criminal Fiqh rulings. The condition is to control it with measures that guarantee its just application in reality. Due to the small amount of attention paid to this aspect of Fiqh codification, this seminar calls experts in this field to direct their efforts toward it. In addition, the gap between criminal law and criminal Fiqh should be diminished through such gatherings, or through the conclusions of specialized researchers. The seminar wishes to direct the attention of researchers toward the aspect of discretionary punishments and its codification, because it is a wide area that requires close examination and reaching opinions which agree with public interest.

Ali Al-Halawani is a doctoral candidate, the managing editor of the Shari`ah Department (English IslamOnline.net), and deputy editor in chief of the the same site. He graduated from Al-Azhar University and got his MA in religious translation from the Faculty of Al-Alsun (Languages), Al-Minia University. He writes occasionally for Islamonline.net. You can reach him at ali.halawani@iolteam.com.