The Traditional Fiqh is Insufficient
English book, p. 36
By Maulana Wahiduddin Khan
The Traditional Fiqh is Insufficient The jurisprudence (fiqh) developed during the second and third centuries of the Islamic era came to be widely accepted among Muslims as a complete and comprehensive legal system. It was believed that all the teachings of the Quran and Hadith relevant to human life were fully detailed and perfectly encapsulated within it. This belief led to the notion that, after the compilation of this fiqh, the door to unrestricted ijtihad was effectively closed, leaving only limited forms of ijtihad available to Muslims. This assumption appeared valid in earlier times, but as circumstances evolved—particularly with the end of the traditional era and the advent of the modern scientific age—it proved to be significantly detrimental. Muslims, adhering to the belief that the existing corpus of fiqh constituted a complete legal system, saw no reason to seek solutions beyond it. Consequently, they were deprived of many valuable insights present in the Quran and Sunnah that had not been incorporated into the compiled fiqh. This issue can be illustrated with a few examples. In the modern era, the rise of democracy introduced a new political system. The existing fiqh, developed during an age of monarchy, contained no concept of modern democracy. As a result, those confined to the framework of traditional fiqh failed to grasp its significance. Some outrightly dismissed democracy as un-Islamic and declared it haraam (forbidden), while others trivialized it as mere

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