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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 … - Asaf Ali Asghar Fyzee
" "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.
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About Asaf Ali Asghar Fyzee
Asaf Ali Asghar Fyzee (10 April 1899 – 23 October 1981) was an Indian educator, jurist, author, diplomat, and Islamic scholar who is considered one of leading pioneers of modern Ismaili studies. He also served as India's first ambassador to Egypt from 1949 to 1952, and Vice-Chancellor of the University of Jammu and Kashmir from 1957 to 1960.
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Asaf A. A. Fyzee
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The importance of the institution will be better understood if we take into consideration the enormous extent of waqf/land or, the possessions of the Dead Hand, in the various countries of Islam. In the Turkey of 1925, three-fourths of the arable land, estimated at 50,000,000 Turkish pounds, was endowed as waqf.
It must be realized,... that religious practices have become soulless ritual; that large number of decent Muslims have ceased to find solace or consolation in the traditional forms of prayer and fasting; that good books on religion are not being written for modern times; that women are treated badly, economically and morally, and that political rights are denied to them even in fairly advanced countries by the fatwas of reactionary Ulema; that Muslims, even where they constitute the majority in a country, are often economically poor, educationally backward, spiritually bankrupt and insist on "safeguards"; that the beneficial laws of early Islam have in many instances fallen behind the times; and that the futile attempt to plant an Islamic theocracy in any modern state or fashion life after the pattern of early Islam is doomed to failure. ... the time for heart-searching has come. Islam must be reinterpreted, or else its traditional form may be lost beyond retrieve.
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What we have to face, he wrote, is that a Muslim living in a secular or a modern state must have the freedom and independence to obey fresh laws; and new legal norms, whether related to the Shariah or not, will have to be formulated. It is becoming increasingly clear that something good and legal may be entirely outside the rule of Shariah, just as, surprisingly enough, some rules which are unjust and indefensible may be within the orbit of acts permitted by the Shariah. I refer to some rules in the Hanafi law of talaq (divorce) in India, to take a simple example.
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