Addressing Contemporary Issues Through Islamic Jurisprudence by Dr Bassem Itani
The following is from a SeekersGuidance seminar exploring Islamic Jurisprudence in its development and application in the past and present.
When discussing contemporary social issues through the lens of Islamic jurisprudence, we must first clarify the subject of jurisprudence (fiqh) itself. Once we understand the role of jurisprudence and the function of the jurist, we can appreciate the principle that jurisprudence develops naturally and possesses an inherent ability to respond to changing circumstances. This is due to the established methodology of Islamic jurisprudence.
Jurisprudence and the Expansion of Issues Over Time
The development of jurisprudence is not tied to the “evolution” of eras in the sense of progress or regression. Rather, it responds to the emergence of new circumstances, technologies, and societal needs.
In earlier centuries, information grew gradually. A jurist might encounter in one century twice the number of issues that existed in the previous century. But in our era, we witness an explosion of information and a rapid multiplication of new cases, medical, environmental, economic, technological, and social. Some scientists even estimate that information doubles every 48 hours. This pace is unprecedented.
The role of the jurist is not to produce new realities but to apply established principles to new circumstances. For example, there were no drones in the 5th or 10th Islamic century. Yet juristic principles still allow us to determine whether an action involving drones is permissible or impermissible.
The absence of earlier technology does not hinder jurisprudence; it simply presents new contexts for applying timeless principles.
Thus, jurists of the past and present perform the same essential task: deriving legal rulings through the application of legal theory and juristic principles to existing realities.
Historical Milestones: The Ottoman Majalla
A clear example of jurisprudential development is the Ottoman Majalla (the Ottoman Civil Code). When the Ottoman Empire underwent major reforms in the late 19th and early 20th centuries, scholars produced a codified legal framework, over 1,200 articles, based primarily on the Hanafi school. This represented a significant step in applying Islamic jurisprudence to modern legal structures and was, in itself, a form of juristic development.
Following the fall of the Ottoman Empire and the devastation of the First and Second World Wars, the Muslim world experienced social and intellectual decline. Nevertheless, scholarly efforts continued. In the 20th century, institutions like al-Azhar developed forms of collective ijtihad, bringing together groups of scholars to examine emerging issues. This was a new and necessary response to the rapid growth of modern challenges.
Examples of Modern Juristic Challenges
Contemporary issues today demand renewed and thoughtful juristic analysis, as they touch nearly every aspect of modern life. These include the rise of digital and encrypted currencies, the ethical dimensions of organ donation and transplantation, and the complexities surrounding artificial reproduction and new birth technologies.
They also encompass the rapid development of artificial intelligence and its geopolitical implications, questions of minority rights in non-Muslim societies, and evolving discussions on women’s rights in modern contexts.
Environmental degradation and ecological ethics have become pressing concerns, alongside advancements in medical technologies, genetic research, and cosmetic procedures. Moreover, electronic entertainment, online gambling, and gaming addictions present new social challenges, while broader debates around human rights discourse, copyright and intellectual property, maritime and air boundaries, and modern forms of trade, such as remote sales, online transactions, and cross-border commerce, continue to shape the landscape requiring juristic insight.
These issues would have been unimaginable in earlier centuries. Yet Islamic jurisprudence remains fully capable of addressing them because the jurist applies established principles to new realities.
The Role of the Jurist
The jurist’s task is to determine what Allah Most High wants from us in any given situation: Is this act permissible or impermissible? Obligatory or prohibited? Beneficial or harmful?
When the Quran and Sunna explicitly address a matter, such as the prohibition of fornication or the obligation of prayer, there is no ambiguity. But many new issues are not mentioned explicitly. In these cases, the jurist analyzes the matter based on principles such as analogy, general maxims, public interest, and removal of harm.
For example, If a financial contract contains elements of usury, the jurist rules it impermissible. If a contract is free from prohibited elements, the jurist permits it.
Ultimately, the jurist guides people toward what draws them closer to Allah Most High, not merely what is legally functional. Unlike secular legal systems, which concern themselves only with enforcement, Islamic jurisprudence connects actions to moral and spiritual consequences, reward, sin, and accountability before Allah.
Qualifications of the Contemporary Jurist
A jurist performing ijtihad today must be firmly grounded in the Quran and Sunna, possess a strong command of legal theory, and be highly proficient in the Arabic language. They should also be familiar with the positions of the four established schools of law and have a deep understanding of the realities and complexities of modern life. In addition, they need a broad awareness of contemporary sciences and the ability to consult relevant experts, such as physicians, economists, and engineers, when addressing specialized issues.
A jurist cannot issue rulings on medical matters without first understanding them from qualified medical professionals. Precision and comprehension of reality are essential.
Time and Place in Juristic History
Islamic jurisprudence exists within both A temporal frame, from the death of the Prophet (Allah bless him and give him peace) until the end of time. Islamic law continues to live as long as scholars live. The Prophet (Allah bless him and give him peace) said that knowledge is removed by the passing of scholars, not by being taken out of the hearts of people.
And A geographical frame, juristic strength may rise and fall in different regions over time.
Andalusia once flourished, then disappeared. The school of Imam Awza‘i was strong, then declined. Medina was once the center of scholarship under Sayyiduna Umar (Allah be pleased with him), then later the center shifted to Kufa, Basra, Baghdad, Damascus, and Egypt.
Today, strong centers remain, such as Egypt and Saudi Arabia, among others. These shifts are natural aspects of historical development.
Collective Ijtihad
One of the most important contemporary developments is the rise of collective ijtihad. Many modern issues are too complex for a single jurist to address alone. Thus, juristic councils were established in Jeddah, Cairo, Sudan, Jordan, and elsewhere.
These councils gather scholars to research medical, economic, environmental, and social issues. After discussion and review, they issue collective rulings.
Collective ijtihād strengthens the unity of legal opinions and helps reduce the juristic chaos that often appears in contemporary discussions, especially online.
It provides scholars and institutions with reliable, authoritative references and ensures that new rulings reflect both sound juristic methodology and the necessary technical expertise.
This shift, from individual to collective ijtihad, is one of the most significant advancements in modern Islamic jurisprudence.
Recommendations for Islamic Institutes and Scholars
To meet modern challenges, we need:
Curricular reform, Every institute of Islamic law should train students in contemporary issues and applied jurisprudence.
Local fiqh centers, Muslim countries need specialized centers that produce research on modern topics.
Student training, Students should practice analyzing contemporary issues under the supervision of skilled jurists.
Collaboration, Efforts should align with major fiqh councils to maintain consistency and avoid conflicting rulings.
By doing so, we prepare a generation capable of engaging with the realities of modern life through the guidance of Islamic law.
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.
