دورِحاضر کے تقاضے اور اصول الفقہ کی تدوینِ نو کے اصول و اسالیب

The requirements of the present era and the principles and methods of re-construction the principles of jurisprudence

Abstract

The principles of Islamic jurisprudence (Fiqh) have historically provided a comprehensive legal framework rooted in the Quran, Sunnah, consensus (Ijma), and analogy (Qiyas). However, as the world undergoes rapid transformations driven by technological advancements, globalization, and evolving social norms, the application of traditional Islamic legal principles faces new challenges. The present era demands a fresh approach to the reconstruction of Islamic jurisprudence that aligns with contemporary realities while remaining faithful to its foundational sources. This paper explores the need for reforming the principles and methods of Islamic jurisprudence in response to modern demands such as digital privacy, human rights, environmental concerns, and the increasing complexity of global interconnectivity. It highlights the importance of contextualizing traditional legal rulings within the socio-political and technological landscape of the 21st century. The reconstruction process is proposed through an integrative framework that combines ijtihad (independent legal reasoning) with contemporary methods, including interdisciplinary approaches from fields such as economics, sociology, and political science. By fostering a more dynamic and context-sensitive approach to Islamic law, the paper advocates for the development of new jurisprudential methodologies that emphasize justice, equity, custom and public welfare. Ultimately, the article argues that the principles of Islamic jurisprudence can evolve to address modern challenges, ensuring that the law remains relevant, adaptable, and aligned with the social welfare and objective of Sharia while promoting social harmony and global justice.