Fiqh and Its Challenges, Shortcomings and Capabilities

Today, apart from challenges posed by six main groups opposing Islamic jurisprudence (fiqh) (that is, anti-religion heathens, anti-religious elements advocating custom, liberal politicians, extremist religious elements, and mystics), fiqh is faced with two main challenges:Emergence of scientific imprudence and prevalence of viewpoints that have nothing to do with logic and basis. Shortage of scientific courage, and dominance of a kind of covert obstruction to technique of ijtihad.Replacement of personal tastes for logical religious inferences (ijtihad), efforts made to indigenize imported western theories and to give them a religious façade, insisting on priority of omission and minimalism in the realm of religion, politicization and issuing fatwas by political parties, originality of modernism, intellectualism, persistence on pluralism, as well as prevalence of a journalistic line of thought are major manifestations of the first challenge.Ignoring new inferences in the field of scientific jurisprudence and with regard to practical fiqh (political and social commands and ethics), sufficing to personal jurisprudence, limiting application of Quran, current tradition and ration, and lack of due attention to the principle of justice as well as ignoring comprehensiveness of the religion of Islam are major signs of obstruction in ijtihad (religious inference).This paper discusses shortcomings and capabilities of contemporary jurisprudence, while proving the necessity of taking extensive scientific and basic steps on the basis of all-out study of pathology and requirements to pave the way for developing and updating the Islamic jurisprudence and increasing its efficiency.