Conflicts and Tensions in Islamic Jurisprudence

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

In this book, the author has widely described the main principle of Taqleed. He says that Allah and Prophet Mohammed (SAW) has not ordered us to follow any opinions and interpretations. So there’s a possibility of being correct or incorrect in the opinions because there are many issues on which the Imams had different views and they explain them according to their own reasons and speculations, but the real and true Islam is based on the book (Quran) and Prophet’s Sunnah.

Allah says: “But no, by your Lord, they can have no Faith until they make you judge in all disputed matters between them, and find in themselves no resistance against your decision, and accept them with full submission.” And the prophet said: “I leave you with two things as long as you hold them tightly, you never go astray: they are the book of Allah and my Sunnah.” In this sense, the author has described the difference between different Madhahib (madhabs/mazhabs), and their views and urged to follow only the Quran and Sunnah.

Organizations must have rules of order to facilitate their debate and to fill in the procedures not detailed by their constitutional documents. While most American organizations are content to operate by Robert’s Rules of Order, Muslim organizations have often wrestled with questions over whether the rules of order systemized by a Western military figure are in accord with the Qur’an and the Sunnah.

This book tackles the matter directly and takes into account the Qur’an, the sunnah, Islamic manners and the history of Islamic consultation and leadership to provide a simple, practical guide to organizational procedure that can be incorporated into the governance of Muslim organizations. The book includes advice on writing bylaws and on complying with the best practices of the U.S. Dept. of Justice in a way that is Islamically authentic, transparent, and accountable. It provides a basic starting point for any Muslim organization while allowing for flexibility so that organizations may make any variations they require within their own bylaws and constitution, so that it can accommodate differing schools of thought on Islamic law. In its discursive approach it is an essential primer for understanding the value of rules of order and the Islamic context for their application. The Islamic Rules of Order has been adopted as the rules of order of the Association of Muslims Social Scientists.