Principles to be Followed in Partial Harmonization Between Islamic Fiqh and Man-Made Law

Nowadays all over the Muslim world, with exceptions, Man-made law, inherited from the civil or common law ofthe colonial power, such as Britain, France, etc., is widely being used. According to some scholars, present Man-made law ofthe Muslim world has been also partially influenced by the Islamic fiqh. Therefore, there are sporadic similarities betw een them. Additionally, many rulings that are found in Man-made law of any Muslim country do not exist in Islamic fiqh books because these rulings are related to the issues, which did not exist in the past. Hence, if an Islamic government were established today, it would not be able to abandon all of them. On the oth er hand, many contemporary Mu slim jurists maintain that all that belongs to Man -made law are considered to be kufr (unb elief), whereas majority of the scholars of Man-made law consider that Islami c fiqh is not suitable for the contemporary life ofMuslim s.J In this situation there should be some bridge bet ween these two opp osite views, so that Islamic fiqh would get some benefits from the Man made law and vice versa. The basic objective of this is to s ugges t s ome p rinciples for p artial harmonization between Islamic fiqh and Man-m ade law. In order to achieve this objective, the researcher will try to explore prin ciples ofIslam ic jurisprudence (Usual-Fiqh) and select some ofthese principles that suit this partial harmonization process. Likewise, he will investigate the op inions ofcontemporary Muslim jurists regarding this issue. life ofMuslim s.J In this situation there should be some bridge bet ween these two opp osite views, so that Islamic fiqh would get some benefits from the Man made law and vice versa. The basic objective of this is to s ugges t s ome p rinciples for p artial harmonization between Islamic fiqh and Man-m ade law. In order to achieve this objective, the researcher will try to explore prin ciples ofIslam ic jurisprudence (Usu al-Fiqh) and select some ofthese principles that suit this partial harmonization process. Likewise, he will investigate the op inions ofcontemporary Muslim jurists regarding this issue.