Some ten years ago (the essay was written in 1959), there were disturbances in Pakistan and an inquiry was instituted. The Chief Justice of Pakistan … - Asaf Ali Asghar Fyzee

‘It must be asserted firmly,’...‘no matter what the Ulema say, that he who sincerely affirms that he is a Muslim, is a Muslim; no one has the right to question his beliefs and no one has the right to excommunicate him. That dread weapon, the fatwa of takfir, is a ridiculous anachronism. It recoils on the author, without admonishing or reforming the errant soul. Belief is a matter of conscience, and this is the age which recognizes freedom of conscience in matters of faith. What may be said after proper analysis is that a certain person’s opinions are wrong, but not that “he is a Kafir.”‘

At the end of the 19th century, one-half of the cultivable land in Algiers was dedicated. Similarly, in Tunis one-third and in Egypt one-eighth, of the cultivated soil was ‘in the ownership of God’. But it was already realised by the beginning of the 20th century, first by France and later in Turkey and Egypt, that the institution of waqf was in some respects a challenge to the natural growth and development of the national economy.

Such gradual modifications, even of the rules of Shariah do not destroy the essential truth of the faith of Islam. On a truer and deeper examination of the matter, it will be found that certain portions of the Shariah constitute only an outer crust which enclose a kernel—the central core of Islam—which can be preserved intact only by re-interpretation and restatement in every age and in every epoch of civilization. The responsibility to determine afresh what are the durable and what the changeable elements in Islam rests on us at the present time. The conventional theology of the Ulema does not satisfy the minds and the outlook of the present century. A re-examination, re-interpretation, reformulation and restatement of the essential principles of Islam is a vital necessity of our age.