(Part 52)
The Tenth Topic:
Means of Resolving Disputes in the Present Age
The First Speech: Comparative Jurisprudence
Comparative Jurisprudence (Fiqh Muqaran)
In contemporary times, Islamic jurists have made valuable contributions in the field of Islamic jurisprudence, which have fostered greater convergence, realism, and unity among Muslims worldwide. One of these significant achievements is the development of fiqh muqaran (comparative jurisprudence), a specialized branch of Islamic jurisprudence sometimes referred to as fiqh tatbiqi (applied jurisprudence).
Fiqh muqaran, historically known as ilm al-khilaf (the science of disagreement), was a subject of interest among past Islamic scholars. However, it differed in its goals. The study of ilm al-khilaf was mainly aimed at understanding the views of other schools in order to refute them and defend one’s own school. In contrast, fiqh muqaran is a science in which scholars objectively evaluate and advocate the most substantiated opinions, free of sectarian bias. Thus, fiqh muqaran involves a comparative analysis of the opinions of scholars from various jurisprudential schools, assessing their strengths and weaknesses based on the weight of evidence. This method fosters awareness of commonalities and well-reasoned differences among the schools and equips jurists with the ability to assess and prioritize evidence.
In the current context, where Muslims are in dire need of unity, one of the most effective means for bringing Islamic schools of thought closer together, resolving legislative issues in Islamic societies, and resisting Western cultural dominance is the expansion of fiqh muqaran. The development of the most well-supported legal opinions tailored to contemporary conditions is the only way to prevent sectarianism, unrest, intimidation, and extremism. Research, study, and lawmaking based on fiqh muqaran can eliminate harmful religious bigotry.
In comparative jurisprudence (fiqh muqāran), the causes, reasons, and grounds of disagreement among jurists are extensively and impartially investigated. This is because every jurist or mujtahid has a different understanding of religious texts, especially the Qur’an and the Sunnah. The researcher is therefore obligated to make every effort to determine and define the strongest opinion. Continuous engagement with this field is beneficial for developing the jurisprudential abilities of scholars, helping them gain broader perspectives by understanding the arguments of other schools of thought, and leading to more flexible attitudes toward differing views.
Comparative jurisprudence allows jurists of various schools to benefit from the strong and well-argued opinions of other traditions while also enabling them to effectively defend the views and theories of their own school of thought.
Imitation in The Present Age
