Islamic scholars at the seminar in New Delhi
At a recent seminar in New Delhi, a number of Ulema (Islamic scholars), prominent intellectuals and legal scholars discussed the relevance of Islamic Shari'a in contemporary times. The seminar, titled "Relevance of Islamic Law in the Contemporary World," was organized by the Islamic Fiqh Academy, an Islamic organization, on May 28-29, 2011.
At the two-day seminar, a number of writers read their papers on the relevance of Islamic Shari'a in modern societies. Among those who spoke on the occasion was Justice J. S. Verma (not a Muslim), the former Chief Justice of India. Justice Verma urged the Islamic Fiqh Academy "to promote better understanding about Islam and Islamic law that would usher in an era of harmony, justice and equity in the country," according to an Indian website.[1]
According to the website, Maulana Khalid Saifullah Rahmani, General Secretary of the Islamic Fiqh Academy, spoke about misconceptions regarding Islamic family laws. It should be noted here that the Indian constitution allows Muslims to practice their religion, especially with regard to marriage, divorce, and inheritance. Rahmani argued that the Islamic Shari'a caters to the needs of all, not only Muslims. At the end of the two-day seminar, a declaration was issued by the Islamic scholars, which urged Indian courts to consult with Islamic Shari'a experts on Muslim issues.
Following is the text of the resolution:[2]
"This Seminar Appeals to the Academics and Intellectuals to Study Provisions of Islamic Shari'a… Not As a Religious System But As a System of Law Which is… for the Benefit of All Humanity"
"1. Islamic Shari'a is a system of law which is not only in harmony with human nature but has its basis in justice and equity. It covers whole aspects of human life and guarantees justice to every section of society, thereby ensuring peace and harmony in the society. This law has also proven itself in practice.
"As such, this seminar appeals to the academics and intellectuals to study provisions of Islamic Shari'a pertaining to various aspects of contemporary life, not as a religious system but as a system of law which is balanced, and is for the benefit of all humanity. We believe that there cannot be any law more beneficial than the law defined by the Creator.
"2. Islamic Shari'a is one of the most misunderstood systems of law. There is an urgent need to remove such misunderstandings. It is, therefore, necessary that Ulema [Islamic scholars], Muftis [Islamic scholars qualified to issue edicts], Muslim lawyers, and Muslim legal scholars must pay special attention to… [missing words] addressing such misunderstandings by explaining the underlying wisdom of the provisions of Islamic Shari'a. Islamic Shari'a not only ensures reward in the hereafter but also ensures well being in this world.
"3. There is a need to encourage such students of Deeni Madrassas [Islamic seminaries] who specialize in Islamic fiqh [jurisprudence] to study contemporary law. This seminar appeals to the Madaris [seminaries] to take steps to encourage their students to study law in contemporary law schools so that they may enter the judicial system of the country and may represent correct Islamic Shari'a positions before the courts, whenever required."
"This Seminar Appeals to the Institutions Under the Management or Control of Muslims to Introduce Islamic Fiqh (Jurisprudence)"
"4. It is equally essential that Muslim lawyers should also be introduced to the original sources of Islamic Shari'a. This seminar appeals to the Islamic Fiqh Academy (India) to prepare a distance learning program in Islamic Fiqh (jurisprudence) and also organize workshops so that such lawyers acquaint themselves with Islamic Shari'a provisions and may present them truly and diligently in the matters pending before courts.
"5. It is necessary that the Muftis [Islamic scholars qualified to issue edicts] and Qazis [Islamic judges] study contemporary man-made law so that they may be able to present beneficial aspects of Islamic Shari'a in a better manner.
"6. This seminar appeals to the institutions under the management or control of Muslims to introduce Islamic Fiqh (jurisprudence), and especially the family law of Islam, as a subject. This seminar especially appeals to Aligarh Muslims University, Jamia Millia Islamia, Jamia Hamdard, Maulana Azad National Urdu University, Integral University, and such other institutions to take appropriate steps in this regard.
"7. This seminar appeals to the judiciary to consult the experts of Islamic Shari'a whenever any issue concerning the same are raised before it, and abstain from resorting to interpretation of Islamic Shari'a by relying upon the translations of its sources."
