Aziboy
Banned
Final Statement of Oman Conf. on Fiqh Theories
Scholars from different parts of the world attended the conference
The Ministry of Endowments and Religious Affairs of Oman wrapped up its annual conference on Developing Jurisprudence Sciences on Tuesday, April 10, 2012 in Muscat, Oman. Featuring more than 55 papers, this years' conference, the 11th edition, had the theme of “Jurisprudence Theories and Systems." Concluding four days of discussions of different aspects related to Fiqh theories and Systems, the conference final statemment listed the following 18 recommendations:
First: Islamic Jurisprudence is able to accommodate latest developments and address incidents in light of the Qur'an and the Sunnah, as well as the rest of sources of Islamic legislation. So, the Muslims should regain trust in their thought, legacy and civilizational project. Programs of Islamic jurisprudence and Islamic studies should also reflect such trust through mutual communication, follow-up and hope for a guiding the Ummah at present and in future.
Second: We should learn and care for juristic theories since they represent an important scientific basis, which facilitates handling latest developments, boosts the process of Ijtihad and inference of legal rulings, through surveying the topics of fiqh and its corroborating evidence, tightening the connection of these theories to the objectives of Shari`ah and unifying them so as to determine the mechanisms of employing them in contemporary Ijtihad.
Third: Scholars of Islamic studies should link juristic theories to contemporary reality - in terms of methodologies, approaches, models and practical examples - in such a way that enables juristic theories to interact with social sciences and humanities in their contemporary development.
Fourth: We should study juristic rules relating to each theory in particular, both theoretically and practically, so that they are activated in contemporary life jurisprudence.
Fifth: We should review juristic Ijtihad in Fatwas, judges' verdicts and resolutions of Fiqh academies, and subsume each under its due category, in terms of juristic theories and juristic systems; past and present.
Sixth: Researchers and scholars interested in Shari`ah studies should be trained to depend on juristic theories as means to create such a comprehensive understanding that is not restricted with details and particulars but rather refers them back to their fundamentals and generalities. The greatest benefit of that goes to scholars of Usul al-Fiqh (principles of Islamic Jurisprudence) and as-Siyasah ash-Shar`iyyah (Shari`ah-based policy) in Islamic Studies departments, in the different universities.
Seventh: It is necessary that researchers and scholars specializing in juristic studies carefully study Arabic and master its different disciplines and literature, since it is a prerequisite for practicing Ijtihad (jurestic reasoning), regulating proper inference of legal rulings. Hence, interaction, cooperation and collaboration between departments of Arabic Language and departments of Islamic and Juristic studies in universities, are necessary.
Eighth: Special care should be given to juristic legacy in all Madh-habs (schools of fiqh), in terms of foundations and practices, and in light of juristic theorization. Besides, different Islamic Madh-habs should be compared to each other with the purpose of illustrating common denominations and shared principles. For, this would improve intellectual interaction and mental correlation.
Ninth: Particular juristic theories, such as precaution and capability theories, should be linked to their Usul al-Fiqh-related sources, studying their common denominations and various applications in all Islamic Madh-habs.
Tenth: Juristic theories should be studied in terms of their fields, in a way that allows differentiation between normal circumstances theories – such as customs theory and harm theory – and exceptional circumstances theories, like necessity theory and emergency conditions theory.
Eleventh: Care should be given to theories of universal impact, with the purpose of indicating the precedence of Islamic legislation. An example to these theories is of abuse of rights theory and its applications in private and public laws.
Twelfth: The theory of international relations in Islamic jurisprudence should be introduced and linked it to its methodological roots and juristic rules, meanwhile highlighting the earlier writings in the field. All of the above should be made available to Political Sciences and International Relations departments in universities.
Thirteenth: Care should be given for the study of methodologies developed by Usul al-Fiqh scholars, being a basis for scientific research, a way to study Islamic heritage in general and the Ibdaiyyah school in particular, and a means for critical thinking on a number of Usul al-Fiqh-related issues. Such care is is of primary importance in the departments of Usul al-Fiqh and the Fiqh of Quran and Sunnah.
Fourteenth: Jurisprudence encyclopedias and Fatwas books constitute a rich resource for history, as they study juristic issues in their historical context. Therefore, it is necessary to take an interest in such encyclopedias with the purpose of illustrating the realism of jurisprudence and chronicling some of its theories. In turn, this will produce studies concerned with writing the history of juristic theories and their development, illustrating the impact of cultural framework in molding such theories, and highlighting the links between such theories within the comprehensive system of Islamic legislation, and employing such encyclopedias and fatwa works in a correct writing of Muslim cultural history, both socially and culturally. Indeed, reconsidering the historical experience through the cultural and juristic history is highly important and should be given due attention by universities' departments of History, Arts and Islamic Studies.
Fifteenth: There are pioneering studies in the field of juristic theorization, which require renewed consideration, treatment and analysis, on top of which are theories of custom – as stated by Ibn Barakah in his two books, At-Ta`aruf and Al-Jami` -, international relations – as mentioned by Imam Muhammad ibn al-Hassan ash-Shaybani in his book As-Siyar -, and personal status issues – as indicated by Al-Janawini. Here, it is important to draw the attention of jurisprudence scholars and students towards such specialized scholarly heritage. Such issues concerns not only students of Shari`ah, its jurisprudence and theories, but also the students of law.
Sixteenth: It is necessary to review Orientalists' writings relating to juristic heritage, correct wrong interpretations therein - within the framework of juristic system, in terms of principles, fundamentals and objectives, without neglecting the benefit that could be derived from serious and positive aspects in these writings. Besides, persistent benefiting from other people's interest in our juristic heritage requires critical reading of new researches conducted by orientalists, providing alternatives and reinstating our position as an academic authority.
Seventeenth: We should work towards cooperation among departments of private and comparative law, so as to modify their curricula through emphasizing the presence of juristic theories in the respective fields, in university courses. Indeed, this is considered a necessary introduction towards linking Islamic and social sciences.
Eighteenth: We should nurse theoretical studies in Usul al-Fiqh, al-`Ilal wal-Maqasid (effective causes and objectives of the Shari`ah), as they reflect the tendency towards revision, criticism and amendment, as well as the inclination towards producing something new through persistent research and development.
Scholars from different parts of the world attended the conference
The Ministry of Endowments and Religious Affairs of Oman wrapped up its annual conference on Developing Jurisprudence Sciences on Tuesday, April 10, 2012 in Muscat, Oman. Featuring more than 55 papers, this years' conference, the 11th edition, had the theme of “Jurisprudence Theories and Systems." Concluding four days of discussions of different aspects related to Fiqh theories and Systems, the conference final statemment listed the following 18 recommendations:
First: Islamic Jurisprudence is able to accommodate latest developments and address incidents in light of the Qur'an and the Sunnah, as well as the rest of sources of Islamic legislation. So, the Muslims should regain trust in their thought, legacy and civilizational project. Programs of Islamic jurisprudence and Islamic studies should also reflect such trust through mutual communication, follow-up and hope for a guiding the Ummah at present and in future.
Second: We should learn and care for juristic theories since they represent an important scientific basis, which facilitates handling latest developments, boosts the process of Ijtihad and inference of legal rulings, through surveying the topics of fiqh and its corroborating evidence, tightening the connection of these theories to the objectives of Shari`ah and unifying them so as to determine the mechanisms of employing them in contemporary Ijtihad.
Third: Scholars of Islamic studies should link juristic theories to contemporary reality - in terms of methodologies, approaches, models and practical examples - in such a way that enables juristic theories to interact with social sciences and humanities in their contemporary development.
Fourth: We should study juristic rules relating to each theory in particular, both theoretically and practically, so that they are activated in contemporary life jurisprudence.
Fifth: We should review juristic Ijtihad in Fatwas, judges' verdicts and resolutions of Fiqh academies, and subsume each under its due category, in terms of juristic theories and juristic systems; past and present.
Sixth: Researchers and scholars interested in Shari`ah studies should be trained to depend on juristic theories as means to create such a comprehensive understanding that is not restricted with details and particulars but rather refers them back to their fundamentals and generalities. The greatest benefit of that goes to scholars of Usul al-Fiqh (principles of Islamic Jurisprudence) and as-Siyasah ash-Shar`iyyah (Shari`ah-based policy) in Islamic Studies departments, in the different universities.
Seventh: It is necessary that researchers and scholars specializing in juristic studies carefully study Arabic and master its different disciplines and literature, since it is a prerequisite for practicing Ijtihad (jurestic reasoning), regulating proper inference of legal rulings. Hence, interaction, cooperation and collaboration between departments of Arabic Language and departments of Islamic and Juristic studies in universities, are necessary.
Eighth: Special care should be given to juristic legacy in all Madh-habs (schools of fiqh), in terms of foundations and practices, and in light of juristic theorization. Besides, different Islamic Madh-habs should be compared to each other with the purpose of illustrating common denominations and shared principles. For, this would improve intellectual interaction and mental correlation.
Ninth: Particular juristic theories, such as precaution and capability theories, should be linked to their Usul al-Fiqh-related sources, studying their common denominations and various applications in all Islamic Madh-habs.
Tenth: Juristic theories should be studied in terms of their fields, in a way that allows differentiation between normal circumstances theories – such as customs theory and harm theory – and exceptional circumstances theories, like necessity theory and emergency conditions theory.
Eleventh: Care should be given to theories of universal impact, with the purpose of indicating the precedence of Islamic legislation. An example to these theories is of abuse of rights theory and its applications in private and public laws.
Twelfth: The theory of international relations in Islamic jurisprudence should be introduced and linked it to its methodological roots and juristic rules, meanwhile highlighting the earlier writings in the field. All of the above should be made available to Political Sciences and International Relations departments in universities.
Thirteenth: Care should be given for the study of methodologies developed by Usul al-Fiqh scholars, being a basis for scientific research, a way to study Islamic heritage in general and the Ibdaiyyah school in particular, and a means for critical thinking on a number of Usul al-Fiqh-related issues. Such care is is of primary importance in the departments of Usul al-Fiqh and the Fiqh of Quran and Sunnah.
Fourteenth: Jurisprudence encyclopedias and Fatwas books constitute a rich resource for history, as they study juristic issues in their historical context. Therefore, it is necessary to take an interest in such encyclopedias with the purpose of illustrating the realism of jurisprudence and chronicling some of its theories. In turn, this will produce studies concerned with writing the history of juristic theories and their development, illustrating the impact of cultural framework in molding such theories, and highlighting the links between such theories within the comprehensive system of Islamic legislation, and employing such encyclopedias and fatwa works in a correct writing of Muslim cultural history, both socially and culturally. Indeed, reconsidering the historical experience through the cultural and juristic history is highly important and should be given due attention by universities' departments of History, Arts and Islamic Studies.
Fifteenth: There are pioneering studies in the field of juristic theorization, which require renewed consideration, treatment and analysis, on top of which are theories of custom – as stated by Ibn Barakah in his two books, At-Ta`aruf and Al-Jami` -, international relations – as mentioned by Imam Muhammad ibn al-Hassan ash-Shaybani in his book As-Siyar -, and personal status issues – as indicated by Al-Janawini. Here, it is important to draw the attention of jurisprudence scholars and students towards such specialized scholarly heritage. Such issues concerns not only students of Shari`ah, its jurisprudence and theories, but also the students of law.
Sixteenth: It is necessary to review Orientalists' writings relating to juristic heritage, correct wrong interpretations therein - within the framework of juristic system, in terms of principles, fundamentals and objectives, without neglecting the benefit that could be derived from serious and positive aspects in these writings. Besides, persistent benefiting from other people's interest in our juristic heritage requires critical reading of new researches conducted by orientalists, providing alternatives and reinstating our position as an academic authority.
Seventeenth: We should work towards cooperation among departments of private and comparative law, so as to modify their curricula through emphasizing the presence of juristic theories in the respective fields, in university courses. Indeed, this is considered a necessary introduction towards linking Islamic and social sciences.
Eighteenth: We should nurse theoretical studies in Usul al-Fiqh, al-`Ilal wal-Maqasid (effective causes and objectives of the Shari`ah), as they reflect the tendency towards revision, criticism and amendment, as well as the inclination towards producing something new through persistent research and development.