"التلفیق بین المذاہب "کا فقہی جائزہ

Jurisprudential Review of "Al-Talfiq Bayn-al -Mazahib"

Abstract

The contemporary era, characterized by the rapid evolution of civilization, the diversity of modern problems, and the abundance of new inventions, has significantly influenced various aspects of life, including Islamic jurisprudence. This has led to an increase in modern Shariah issues, necessitating a greater reliance on secondary sources of Islamic jurisprudence, such as Istihsan (juridical preference), Maslahah Mursalah (public interest), and Maqasid al-Shariah (objectives of Shariah). These principles have become more crucial than ever in addressing contemporary issues.One aspect of this broader discourse is Ifta bi madhab al-ghayr (issuing fatwas according to other schools of thought) and al-talfiq (combining elements from different schools of thought). These concepts are not confined to any specific chapter or section of Fiqh; rather, they represent a general and principled discussion that spans various domains, from Fiqh al-Ibaadat (jurisprudence of worship) and Fiqh al-Asra (jurisprudence of family matters) to Fiqh al-Muamalat (jurisprudence of transactions).Among the contemporary topics that have been examined is the integration found in Takaful (Islamic insurance). While there have been numerous attempts to address such issues, this paper highlights the significant contemporary topic of Takaful integration, emphasizing its relevance and application in modern Islamic jurisprudence.