Revival of Ijtihad for Legislation Pertaining to Islamization of Laws

Abstract

Sharī'ah (Islamic Law) is a Divine Order based on not only ideology and sacred code but also serves the law for state and Judiciary. Pakistani plural legal system derived its laws from Sharī'ah and worldly laws. The Sharī'ah in its unique form is not executed according to its spirit which causes problems of Islamization of Laws in Pakistan.  Islamic Laws are illustrated interpreted and implemented which fails to bring required results for sustainable development and emerging challenges in the enforcement of Sharī'ah. For new issues and inventions, many modes of thought and contemplation have come to the surface by individual scholars, based on ijtihad and deliberations on the lines of their own making. These different modes of fatawa and ijtihad are not a product of modern times and do not meet the challenges. In Pakistan, the Federal Shariat Court (FSC) that has given exclusive powers for the implementation of Islamic laws in its spirit constitutes the process of legislation of Islamization of Laws. Another institute that works under the Constitution is the Council of Islamic Ideology, but its functions are mere of optional nature that can put forward endorsements to the Parliament. This paper attempts to emphasize the renewal of collective ijtihad institutionalized under an Islamic State for the revival of laws for revolutionary reforms in establishing justice in its letter and spirit.