Friday, July 15, 2011

The Battle of Shari'ah Scholars & the direction ahead.....

It had been an on going phenomena that, Shari'ah scholars are in most issues dispute (Ikhtilaf) not only in corporate, but also other environments. Such disputes are resulted due to:

(i) different schools of Islamic jurisprudence (Mazhab).
(ii) different understanding on the concerned issue.
(iii) different thoughts on the Shari'ah principles.
(iv) cultural dichotomy.
(v) contra understanding (classical vs. modern vs. rigid vs. rational).
(vi) lack of subject, practical and or technical knowledge (in some cases).
(vii) prioritying self view while having poor tolerance in accepting other's views.
(viii) lack of research & development culture on the primary sources.
(ix) lack of mutual respect.
(x) racial, nationality, background & gender differences.

All these factors cause the unresolved battle among the Shari'ah scholars. Hence, for a peach making pack among the Shari'ah scholars by resolving such crisis, the direction ahead through:

(i) mutual respect on the issue of differences as to mazhab, nationality, race, background, gender or even culture.
(ii) every Shari'ah scholar must hold a basic norm that, every one is with the single Islamic faith guided by the holy Qur'an & the Sunnah of the Prophet Muhammad (saw), accountable to only Almighty Allah (swt) and thus, any view, opinion or decision made over any issue shall be in the spirit of the Qur'an & the Sunnah.
(iii) once a decision is made by a Shari'ah council, shall be respected, unless any doubt is discovered on the credibility of the decision, the concerned issue shall be addressed with proper professional ethicate justifying by the Qur'an & the Sunnah, by adapting no attitude of humiliating others.
(iv) Shari'ah decision or opinion or thought may be different from each other so long one is justified by the Shari'ah principles, such decision is acceptable and thus, shall be respected by each other.
(v) if a decision is made or a thought is expressed by a Shari'ah scholar or a council by justifying their respective decision or view basing the Qur'an & the Sunnah, such decision or view shall be respected by each other as to honour the holistic principle of " freedom of justified thought".
(vi) hence, the issue of any Shari'ah opinion or decision made by the Middle east scholars or Malaysian scholars or African scholars or Asia pacific scholars or Europian scholars or Indian scholars may no longer be a ground for an unwanted battle among the Shari'ah scholars so long the decision concern is justified by the Divine principles of Shari'ah.
(vii) by appreciating such a peach making process against the unjustifiable on going battle among the Shari'ah scholars, may contribute to a dynamic progess and prosperity in the Global Islamic Financial, Corporate industries & other human sectors in reality.

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