(Part 50)

The Ninth Topic:

Jurisprudence and Fulfilling the Legal Needs of the Societies

The Second Article: Arguments of Those Who Support the Permission (codification)

Supporters of the codification (permission) and enforcement of Islamic jurisprudential rulings on judges cite many arguments to support their position. Some of those include:

The First Reason:

The Holy Qur’an commands obedience to Allah, His Messenger (peace be upon him), and those in authority (ʾUlu al-Amr). Codifying (permission) jurisprudential rulings falls under the jurisdiction of those in authority, who have the right to legislate for the welfare of society in accordance with Allah (swt) to legislates and arrange laws and regulations.

Second Reason:

There are Prophetic traditions regarding the obligation of obeying ʾUlu al-Amr. For instance:

“Listening and obeying is obligatory upon a Muslim, whether he likes it or not, as long as he is not commanded to commit a sin. If he is commanded to commit a sin, then there is no listening and no obedience.” (Al-Bukhari, 1422 AH, 9/63) This includes obedience to laws and rulings issued by those who have the proper authority, on the condition that they do not contradict divine commandments.

The Third Reason:

The Prophet (peace be upon him) consulted his companions in various situations and acted upon their advice. Examples include the battles of Badr, Uhud, Khandaq, the incident of Ifk, and the Treaty of Hudaybiyyah. Consultation (shūrā) is a principle, and scholars should consult with each other regarding legislation, taking into account the needs of the time, and present a set of juristic opinions to the government as a basis for law (Nāyil & Ṣāfī, 2019, pp. 42–43).

From those historical events and the Prophet’s decisions based on consultation, it is evident that scholars, through mutual consultation, can compile a set of jurisprudential opinions in a modern and accessible format and provide them as formal and legal references to judicial bodies and the general public.

The second opinion appears more valid due to numerous justifications, especially since Islamic societies are in dire need of religious laws. These religious laws, derived from both classical and contemporary ijtihād, and are in line with the needs of the society, can make free the Islamic nations from dependence on Western secular laws, which do not consider the sanctities of Islam or our social values. Therefore, religious laws are the best solution to the problems of our society and those of all Muslim communities.