Scope of the Doctrine of Murā‘āt al-Khilāf and its Impact on Jurisprudential Religions

نظریہ "مراعاۃ الخلاف" کا دائرہ کار اور فقہی مذاہب پراس کا اثر

Abstract

The scope of Islamic Shari’ah is not limited to any era or country and nation, but it is obligatory for all human beings to follow Islamic Shari’ah until the Day of Judgment. Just as the Islamic Shari’ah is for those countries whose power is in the hands of Muslims, it is also obligatory for Muslims living in non-Muslim countries. Millions of Muslims living in the environment of the Mir-e-Islami Imam established by the West, especially the Muslims of non-Muslim countries, are in a tight grip and on the finger. If they leave the commandments, their heart reprimands them. In the Hereafter, the fear of accountability becomes a soul for them. And if these reasoning’s adhere to the absolute obscurity, they suffer from extreme narrowness, the prevailing laws prohibiting them. They have to be righteous in many areas of life. In these circumstances, there is a dire need to point out the fundamental guiding principles based on the principles of Shari’ah's removal of embarrassment, necessity and urgency, on the basis of which scholars and companions. Now they can make right decisions about the problems of general concern and need of the present day.The doctrine of Murā‘āt al-Khilāf is related to the major differences between the different jurisprudential schools of Islam. The meaning of this is that all those issues in which the jurists differ, there is room for inconvenience and convenience for the people and for the Muftī to issue a Fatwā. This view which creates a war of mitigation and convenience for the people in the affirmative declarations is also supported by the Sunnah. It has been explained by different jurists where the Holy Qur'ān does not require all the gratifies to comply with the Shari'i orders and prohibitions, but instead gives the fate on certain occasions.