Jadeed Maali Moamalat par Zarorat o Hajat ka Itlaq: Fiqhi akadmiyaat kay Nuqta Hay nazar ka Tanqeedi Jaiza

Abstract

The present research aims to critically study the standpoint of nine Fiqh Academies and their methods in the application of the principle of Darurah and Hajah in resolving Modern financial matters. By defining the principle of Darurah and Hajah and its limitations, a critical study has been conducted to know how the early jurists applied this principle in their juridical opinions. The principle of Darurah and Hajah represents the facilitative and supportive nature of Islam for addressing the contemporary challenges and making Islam compatable to the Modern world. The principle has two components i.e. Darurah and Hajah which have been applied intwo extraordinary circumstances. If a person’s religion, life, wealth, honour and lineage are in genuine danger, then the matter is discussed under the principle of Darurah. Whereas, if the existence of the above mentioned fundamentals is not in danger but there are some obstacles inprotecting them, which has caused hardship in life, then such a condition maybe eradicated through the principle of Hajah. A rising tendency in the application of this principle by the renowned jurists of the twentieth century has been observed for determining the validity of the juridical matters. Currently,many Fiqh Academies are applying this principle in resolving the matters. ContemporaryFiqh Academies are the modern form of the collective ijtihad. Some of these academies work privately while others are run publically under the state patronage. The present study examines the standpoint of nine Fiqh Academies on twelve financial matters in which they applied the principle of Darurah and Hajah. Acareful examination of the subject enables us to conclude that the Fiqh academies, despite their distinctive methods, have a prudent approach in applying Darurah and Hajah.