How to Approach Contemporary Fiqh Issues in the Modern Age?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

How should Muslims approach contemporary fiqh issues in the modern age?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Master of the Messengers, his Family, and all his Companions.

Understanding “Nawazil” (Contemporary Issues)

It is certain that every matter affecting people has a ruling from Allah. Early jurists exerted their efforts in deriving legal rulings for the issues that arose in their times, relying on textual evidence and applying their juristic reasoning according to the available proof.

However, not all legal matters were addressed by the issues and cases they discussed. New issues may emerge that have no explicit ruling in the existing texts. These are referred to as “nawazil”—contemporary issues or unprecedented events. Some modern scholars define nawazil as “new incidents for which there is no prior text or established jurisprudential ruling.”[Qahtani, Manhaj Istinbat Ahkam al-Nawazil]

Consulting Knowledgeable Scholars

In such cases, Muslims are advised to consult knowledgeable scholars and jurists. Allah (Most High) says:

“If you (polytheists) do not know (this already), then ask those who have knowledge (of the Scriptures).” [Quran, 16:43]

For those seeking guidance on such matters, several beneficial resources include:

• “Qadaya Fiqhiyya Mu‘asara Fiqh al-Nawazil” by Dr. Sawy.
• “Dawabit Ijtihad Fiqh al-Nawazil” by Mahmud Ahmed al-Wa‘ir.

Beneficial Resources

Additionally, the resolutions of various fiqh academies can be particularly useful. These include:

• The Islamic Fiqh Academy of the Muslim World League, based in Mecca (established in 1977).
• The International Islamic Fiqh Academy, part of the Organization of Islamic Cooperation, based in Jeddah, Saudi Arabia (established in 1982), which includes prominent scholars and experts from various fields.
• The Islamic Research Academy of Al-Azhar University, Egypt.
• The Islamic Fiqh Academy in India.
• The European Council for Fatwa and Research, based in Ireland.

May Allah guide us to adhere to His Sacred Law and act in ways that please Him. Indeed, He is All-Hearing and Responsive. All praise is due to Allah, Lord of the Worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.