Reconciling Sharia And State Law: Different Scholarly Perspectives on Dr. Tanzil Ur Reḥmān’s Work of Legal Reforms for Modern Societal Challenges

Abstract

Pakistan’s legal framework, rooted in ʾIslāmic principles, has evolved through various efforts to align national laws with the Qurʾān and Sunnah. Dr. Tanzil ur Reḥmān’s book “Collection of ʾIslāmic Laws” is a significant contribution to the ongoing effort to align Pakistan’s legal system with Sharia teachings. It provides an in-depth analysis of the historical and legal context that evaluates the ongoing challenges of integrating ʾIslāmic jurisprudence with state law to address contemporary societal needs. The author meticulously explains his approach to codifying ʾIslāmic law, focusing on key areas such as marriage, divorce, and inheritance. The core of the article offers a detailed analysis of the perspectives of five prominent scholars: Dr. Fazlur Reḥmān Malik, Justice Wahiduddin Ahmed, Justice S. A. Reḥmān, Maulana Muḥammad Yusuf Banuri, and Mufti Muḥammad Shafi Usmani. The scholars’ perspectives reflect both support for new interpretations and caution against deviating from established jurisprudence. The book offers practical proposals for legal amendments to ensure that ʾIslāmic law remains relevant and supportive of today’s Muslim societies. This section reveals a spectrum of responses, ranging from support for innovative interpretations to illustrating the complex nature of ʾIslāmic legal reform. The book provides a thoughtful approach to updating the legal system while preserving ʾIslāmic values, ensuring that the laws meet the needs of contemporary society. The diverse viewpoints of the scholars emphasise the importance of ongoing discussion and careful consideration in shaping Pakistan’s legal framework. This work serves as a valuable guide for scholars, jurists, and policymakers involved in the codification of ʾIslāmic law.

Keywords: Legal framework, Sharia law, ʾIslāmic jurisprudence, state law, legal reform and amendments, family law, codification of contemporary ʾIslāmic laws, flexibility in legal interpretation, legal system adaptability.