Abstract

It is the perfection of the Islamic law that the rules and regulations based on its basic principles will continue to fulfill the duty of guiding human society in the changing world and bringing it to perfection. The texts and doctrines on which Islamic law is based encompass the needs of all human beings. Jurisprudential ijtihad no longer relies solely on principles such as Qiyas, Istihisan, Masalah Mursalah, but general rules of Shari’ah objectives and principles of Sadd-ul-Zarai and Fath-ul-Zarai are also being used to provide guidance in the process of Ijtihad. In jurisprudential terms, the words “fiqh al-nawazal” are used for contemporary issues. “Nawazal” is the plural of “Nazla”. The term refers to a new event or incident that requires a Shari’ah ruling. The principle of Sadd-ul-Zarai and Fath-ul-Zarai is helpful in solving such problems. This article discusses the need and importance of Sadd ul Zarai, Fath ul Zarai to solve modern issues. The views of scholars of different schools of thought have also been discussed.

Keywords: Islamic law, Ijtihad, Fiqh al-nawazal, Sadd ul Zarai, Shari’ah ruling