Islamic society.

In the Islamic society in which this law is being implemented, its moral, cultural, social and economic condition must be kept in view. It should also be seen that what is the overall practice, nature and customs of this society? What kind of environment do they live in, what is the effect of this environment on them and their real character.

How strong or weak is the influence of Islam in conduct and activities? How much external influences have made a difference in their Islamic characteristics and what kind of changes and distortions have taken place in the legal aspects of all aspects of the general state of society and environment.

In each case, they have seized it, despite obstacles we can scarcely imagine. " The judgment should be framed keeping in view the character, age, education, physical condition, social status, economic position, past history, clan customs and general status of the plaintiff-defendant. How can the law be applied to them in any particular incidental case - so that the purpose of the law may be properly fulfilled and the principles of the law may not be deviated from.

Islamic law was based on such a rational principle that it was almost impossible for a man or a woman to be compelled to engage in immoral acts or to become a source of strife in society. And forcing a Muslim man or woman to deviate from the boundaries of Islam due to the strictness of this law was completely unimaginable.

But today we see not only innumerable family quarrels among Muslims, but also serious moral catastrophes, even apostasy. Such catastrophes have spread only because, in most cases, it has become impossible for people to get a fair and just decision under Islamic law.

Intelligence, deep knowledge, thought and foresight are not present in the Muftis nor in the judges of the court. None of them noticed that the general directive that we are implementing in a country, in the society and in the special case we need to specify within the general limits of this directive should be specified in accordance with the principles of Shariah so that no objective of Shariah can be disturbed. And there is no need to oppose any of these principles.

As far as the judges of the court are concerned, their incompetence is obvious. The rest of the Alem Samaj remained. The condition of a group of them is that they are not more qualified to present the ancillary instructions as they are written in the old fiqh texts.

And although Allah has endowed some scholars with wide vision and deep knowledge of religion, none of them alone has the audacity to deviate point by point from an old incidental instruction by exercising his intellect in any matter. Because on the one hand, they do not set foot on this adventurous path for fear of being forgotten.

On the other hand, they are afraid that other scholars will accuse them of deviating from the blind imitation of the madhhab. The only cure for this disease is to have a team of eminent and influential scholars from each province take over the task.

They will use their combined strength and influence to formulate a legal framework for Shariah matters that will be consistent with the current moral, social and economic conditions of Indian Muslims. These will be flexible enough to allow for necessary changes in the ancillary instructions under the rule of law in an isolated situation.