1st Annual International Interdisciplinary Conference, AIIC 2013, 24-26 April, Azores, Portugal - Proceedings-

METHODOLOGY OF UTILIZING THE TEACHING OF ISLAMIC

LAW AND ITS PRINCIPLES IN ENHANCING MODERATION: "A
CRITICAL STUDY FOR THE CONCEPT AND APPLICATIONS"1

Dr. Adnan M. al-Assaf

Associate Professor of Islamic Law and its Principles, The University of Jordan

Abstract:
It is an essential necessity in the contemporary world to enhance moderation and tolerance, as
terrorism and mutual intolerance have become major problems that threaten the foundations of world
peace. This situation has resulted in the emergence of a dramatic increase in research interest in
various field of study to investigate the reasons behind this dangerous phenomenon, and to try to
identify solutions to remedy the problem.
Although the response of Islamic researchers has been broad, the general tone seems defensive and
apologetic, at times to the point of disregarding the practicalities of treating the problem.
In view of the facts outlined above, this project aims to shed light on methods of utilizing the teaching
of Islamic Law and its Principles in a way that allows graduates to be more effective in disseminating
the values of moderation and challenging intolerance and terrorism in our societies. Hence, the long-
term goals of this project are to assist in spreading general awareness in this concern, and tolerant
attitudes, as well as supporting the concept of coexistence and supporting human rights.
The specific objectives of this project are to establish a practical, comprehensive program to utilize
the teaching of Islamic Law and its Principles in enhancing moderation and tolerance.
The outcome of this research is expected to influence a large number of Islamic studies graduates and
youth in the Muslim world. Improving the performance of faculties of Sharicah, Islamic Studies, is
another important goal of this project.
Literature Review: reviewing the available literature of Islamic Studies in this respect, one can argue
that it is difficult to find research that provides a clear method to enhance moderation and tolerance
from the academic field targeted in this project. However, there are several published pieces of
research which are related to the scope of this research in Islamic literature. For example, the papers
presented at the Islamic conference of: "Moderation is a Way of Life ", which was held in Kuwait in
23/5/2005.
These research papers represent a positive contribution to the field by studying the concept of
moderation and clarifying its application in Islamic sources, as well as in the different fields of
Islamic Law. This is in addition to the relationship between moderation and civilization, and its role in
media. Further, some of these efforts were devoted to shed light on intolerance in particular. They
assess its causes and solutions. However, there is still a lack of research relating to the question: How
can we utilise teaching Islamic Law and its Principles in enhancing moderation and tolerance?
Research Method: The researcher will undertake the following methods to achieve the objectives of
this project. Firstly, the concept of moderation is assessed by consulting the sources of Islam to
determine its relevance. Secondly, the means of enhancing moderation in thinking and practice are
derived from the sources of Islamic Law and its Principles, by applying the derived elements of
moderation. Thirdly, applicable conclusions and recommendations are determined as a conclusion, to
outline the main features of the objective methodology.

Key Words: Islamic studies, methodology, principles

1
This Project was facilitated by the Scientific Research Support Fund Jordan

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Concept of Moderation and al-Ictidal, in Islamic literature and Related Aspects

There are many interpretations for Moderation and al-Ictidal in various Islamic resources. We
also find a wide variety of concepts and their implementation derived from the sources of Islamic Law
and its Principles, by applying the derived elements of moderation. Applicable conclusions and
recommendations are finally determined which allow the portrayal of the main features of the
Methodology to be adopted as a base for further study and problem solving.
Moderation in the Arabic Language
1. Al-Wasatyiyah: derived from, Wasat, meaning moderation in all things good or bad, it also
takes the meaning of being just, and goodness(1).
2. Al-Ictidal: derived from just, meaning incorruptibility(2).

Al-Wasatiyyah and al-Ictidal in the Arabic language give the same meaning, and they are the
opposite of extremism, which is exceeding moderation, or lack of moderation(3).
The researcher merges the interpretation of both meanings of the Arabic words into one word
in English moderation: following the right path avoiding extremism or exorbitance to the betterment
of justice and goodness.
The Holy Quran and its Exegesis
Moderation is mentioned in several places in the Quran, giving various meanings, one of
which is widespread: Thus, have We made of you an Ummat justly balanced, that ye might be
witnesses over the nations, and the Messenger a witness over yourselves; and We appointed the Qibla
to which thou wast used, only to test those who followed the Messenger from those who would turn on
their heels (From the Faith). Indeed it was (A change) momentous, except to those guided by Allah.
And never would Allah Make your faith of no effect. For Allah is to all people Most surely full of
kindness, Most Merciful. Al-Baqarah 2:143
Abu Jacfar al-Tabari explains: "I see that moderation in this verse, being the middle between
two points, for example the middle of the house, it also means the best of people who are moderate in
their actions and choices"(4).
It is worth mentioning that the word Ictidal has not been mentioned in the Holy Quran, but it
is understood and mentioned in other variations, Allah the Almighty says: Allah commands justice,
the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and
rebellion: He instructs you, that ye may receive admonition. Al-Nahl 16:90.
It has been explained in the Tafsir books that al-cAdl means following the right path, avoiding
extremism or exorbitance(5).
Al-Razi considers both terms Al-Wasat and Al-cAdl, and they take the meaning of avoiding
extremism or exorbitance. It is the middle ground which believers seek to follow, and they ask Allah
to guide them to that(6).
Al-Jurjani differentiates between extremism and exorbitance, the first implies failing to reach
the point of moderation, the latter implies exceeding the limit in order to achieve extreme
perfection(7).
The term al-Mustaqim which is stated in the verse: 'Show us the straight way'. Al-Fatihah 1:6;
means the moderate path of Muslims that avoids extremism or exorbitance(8). Thus, al-Istiqamah
means to follow this straight path(9).
However, al-Qist in the verse: Say: "My Lord hath commanded justice; and that ye set your
whole selves (to Him) at every time and place of prayer, and call upon Him, making your devotion
sincere as in His sight: such as He created you in the beginning, so shall ye return." Al-Acraaf 7:29;
is the just path, also known as moderation; avoiding all means of extremism or exorbitance(10).
From the above we deduce that al-Wasat, al-cAdl, al-Qist, al-Istiqamah, and al-Sirat al-
Mustaqim, all take on the same meaning.
The Tradition of Prophet Muhammad
Al-Wasatyiyah and Al-Ictidal have been mentioned in many texts of the Prophets Traditions,
which add important specifications to the concept Moderation, aiding in defining the methodology of
deciding its practical interpretations, in order of importance as follows:
a. Abu Hurayrah narrated that the Prophet Muhammad -peace be upon him- said: "the best of
things are in moderation"( 11). This means that most choices are moderate between two
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undesired outcomes; it is the lesser of two evils. For example generosity is moderation

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between stinginess and overspending; Honesty is moderation between lying and being
rude(12).

b. Abu Hurayrah narrated that the Prophet Muhammad -peace be upon him- said: The deeds of
anyone of you will not save you (from the (Hell) Fire)." They said, "Even you (will not be saved
by your deeds), O Allah's Messenger ( )?" He said, "No, even I (will not be saved) unless and
until Allah bestows His Mercy on me. Therefore, do good deeds properly, sincerely and
moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night,
and always adopt a middle, moderate, regular course whereby you will reach your target
(Paradise)(13).
Al-Nawawi explains the clause: "Saddidu wa Qaribu"; ask guidance of Allah in what
you do, if you can not achieve that, be as close as possible to what pleases Him, al-Saddad:
righteousness, in moderation between excessiveness and don not over-indulge, or fall
short(14).
b. Abu Hurayrah narrated that the Prophet Muhammad -peace be upon him- said: Religion is
very easy and whoever overburdens himself in his religion will not be able to continue in that
way. So you should not be extremists, but try to be near to perfection and receive the good
tidings that you will be rewarded; and gain strength by worshipping in the mornings, the
nights. 15 This is considered one of the most important Hadiths for moderation; because it
reiterates that avoiding extremism and encouraging moderation in all aspects is mainstream in
religion. This point is also mentioned in the Holy Quran: Allah intends every facility for
you; He does not want to put to difficulties. Al-Baqarah 2:185. This means choosing the
easiest option within the parameters of Islam. Al-Sakhawi says: Saddidu wa Qaribu means:
"Aim to choose the closest to the correct path, Do not over-exert yourselves in worship, lest
you get bored, then you would err on the side of negligence"(16).
Schools of Islamic Law
Both concepts of al-Wasatiyyah and al-Ictidal have the same interpretation in references of
the four schools of Islamic law that previous resources follow, in the Arabic Language, The Holy
Qur'an, and Hadith(17).
The terms are also used to refer to something in the middle of two objects 18.
Scholars have also applied them to indicate that moderation in an adjective 19.
Jurists use the term to instigate the middle ground between over spending and not spending at
all -al-Ifrat and al-Tafrit(20).
Al-Ictidal has also been in terms of the right way, Al-Bahuti says: Al-Qasd and al-Ictidal as
Allah mentioned in the Qur'an And pursue the right course in thy going about. Luqman 31:19(21).
As noted the terms are used by jurisprudence scholars in the same manner as previous
recourses. This is as close as possible to the concept in the interpretation of Qur'an and the Arabic
Language.

Islamic Ethical Perspective

Scholars of Ethics have considered both Moderation and Ictidal to be one and the same in
terms of concept; they have all interpreted good manners as being the middle choice between two
extreme actions, or the middle ground between two ends of spectrum(22)(23).
Moreover, Scholars of Ethics have added the concept of Justice and Ictidal declaring that it
pertains to three main morals, which encompass all others, Wisdom (Al-Hikmah), Bravery (Al-
Shajacah), and Abstinence (Al-cIffah).
Some scholars of Islamic Legislation have also agreed to this(24).
According to this concept, al-Wasatyeh and al-Ictidal as concepts regarded as inherent in every
characteristic that has all three ethics of wisdom, bravery and abstinence. Any characteristics that do
not encompass those three primary ethics are considered void of the concept of moderation(25). This is
explained in the following:
1. Al-Hikmah: Choosing middle ground between obsessive evil thinking on one hand, and idiocy
and ignorance on the other. The capacity to maintain Al-Hikmah is considered to be an
advanced capability of the human brain.

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2. Al-Shajacah: Choosing the middle ground between aggressive confrontation and cowardice is
considered to be a result of reigning-in and controlling the force of anger in oneself.
3. Al-cIffah: Choosing the middle ground between pursuing desires, and not having any at all, is
attained when a person controls their inclinations.
Contemporary Islamic School of Thought
Modern researchers have addressed the previous concepts in their studies as well, through
their publications and participation in related conferences. They have agreed to adopt the concept of
Moderation, and used it as a baseline for their research in this field. The most fundamental addition to
the concept of al-Wasatiyyah and al-Ictidal in modern research is reprobate extremism and terrorism,
which are the complete opposite of Moderation. They have also consolidated the concept of tolerance
as an important practical application of moderation, along with facilitating the concept of ease and
alleviating hardship. These concepts have become the focus of consideration in these times due to
current events and developments. In our small village of The World, we have become inseparable
from one another, which has given rise to security concerns resulting from extremism and terrorism.
Some of these acts have been wrongfully associated with Islam; in essence Islam is a moderate and
just religion. For that reason, scholars have recently given special attention to the subject matter,
though it has been discussed previously under the concept of moderation(26).
This has been highly stressed in The Amman Message; a Royal Jordanian message to the
world adopting a reformist Islamic vision extracted from moderation and al-Ictidal, built on authentic
Islamic resources. It is a call for a moderate point of view and respect for others, and denouncing all
forms of extremism(27).
The Chosen Interpretation of Al-Wasatiyyah and Al-Ictidal, and their Components
Through extensive reading of Islamic resources in this matter, the researcher defines
moderation as: Following the just path by avoiding al-Ifrat and al-Tafrit religiously and sensitively.
Al-Wasatiyyah; moderation between Ifrat and Tafrit, Al-Ictidal; the just which leads to
following the right path and adhering to righteousness. The main resource is Islamic legislation, in
accordance with the edicts of the Council of Wise Men, the indication is to conform to the three basic
ethics i.e. wisdom, bravery, and abstinence.
One of the recommendations of the moderation is a way of life conference: General features
of moderation are embodied in righteousness, following the straight path, seeking ease and avoiding
hardship, choosing the middle ground, being just, being aware of current issues and concerns, those
concepts wont be realized until recognizing and completely understanding the limits of al-Ifrat and
al-Tafrit(28).
We conclude that the crucial elements to complete the concept of al-Wasatyyah and al-Ictidal
are:
1. Following the right path and righteousness.
2. Seeking ease and avoiding hardship.
3. Being just and following the middle ground between al-Ifraat and al-Tafrit.
4. Abiding by three major virtues: Wisdom, courage, and abstinence.

The most important elements in adopting the concept in modern times are:
a. Avoiding violence, and extremism.
b. Maintaining tolerance and respect for others and their rights.

Applying the Elements of Moderation in Teaching Islamic Law and its Principles
The discussion in the previous section leads the researcher to adopt specific elements in the
process intended to apply moderation through the teaching of Islamic Law and its Principles.
Determining the Limits of Excessiveness, al-Ifrat, and Negligence, al-Tafrit, as a Major
Reference for Teaching Islamic Law and its Principles
Moderation is one of the most important characteristic of Islamic Law, as its concept is found
in the middle between two undesirable traits: those of excessiveness and negligence. It is important to
apply limits to these two concepts in the teaching process in this field. The following are major
references that are used to specify the limits.

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Activating Stable and Consistent Rulings of Islamic Law

Stability is one of the main characteristics of Islamic Law(29), when applied giving it its
independent nature. It also outlines the most important limits for its concepts and rulings. Further, it
determines the bulk of limits of extremism and negligence.
Teaching consensus, al-Ijma', and emphasizing the importance of respecting it is a vital way
for determining these limits, and ensuring their stability. For this reason some scholars of Usul al-
Fiqh discussed the concept of moderation through their assessment of the consensus as a main source
of Islamic Law) (30. However, it seems that the consensuses that exist in all subjects of this field of
30 F

study are taught without sufficient analysis to illustrate their wisdom and impact on moderation.
Hence, it is essential to revise its role in all aspects of the field.
Understanding the Objectives of Islamic Legislation, Maqasid al-Tashric, the Stable Rulings of
Islamic Law
The induction of the rulings of Islamic Law leads the scholars of Usul al-Fiqh to arrive at
specific objectives according to major criteria which can be utilized in assessing the different issues of
life. The protection of the five essentials is considered an objective for Islamic legislation on the one
hand, and a stable standard for judging and reasoning on the other( 31). Therefore, anything which runs
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counter to the protection of man's religion, soul, mind, progeny and honour, or property is forbidden.
This is due to the fact that such rulings would expand the acceptable limits of moderation and may
proceed through the limits of either extreme or negligence.
Implementing Cultural Traditions and the Opinion of the Majority of Wise People
There are many cases where revelation is silent about the ruling of a certain topic. There is a
need to strike a moderate stance between the limits of extremism and negligence. The common sense
of the ordinary man or the deliberation of the wise is a reference in this case) (32. 32 F

Teaching custom, al-cUrf, which is a source of Islamic Law, is a practical way to enable
students to implement this reference in their judgments to the related cases. This is so, as it stands
practically for a ruling that comes from the public interaction, without an intended organisation) (33. 3 F

Further, teaching judicial conditions stipulated for judges in Islamic Law is also effective, as the
judge should be clever, wise and pious in a way that he is considered as a reference in evaluating the
different legislation, including the estimable things) (34. Moreover, teaching the process of arbitration
34 F

also should enable students to achieve the same conclusion. These studies focus on practical
application to arrive at a moderate outcome in this concern.
Consulting the Three Major Ethical Values of Wisdom Abstinence and Courage as Standards
for Moderation
These three values are implemented widely in Islamic Law.
Students should be trained to adopt wisdom as a basic element and reference of moderation,
and apply it in their behaviour and intellectual interaction. This could be achieved through teaching
them through examples of the application of the Islamic judicial system, political system, and
methods of research in Islamic Law. Wisdom means to place everything in its rightful situation or
order). (35
35 F

The method used in teaching Islamic Law, which is based on justification and clarification of
the wisdom behind the legislation of each ruling in this Law, is also quite effective when teaching the
student to adopt the concept of wisdom as a major standard of thinking and reasoning. The same
argument is valid when teaching the objectives of Islamic legislation, Maqasid al-Tashric, as they
assess the wisdom behind the entire Islamic legal system, the essence of which is guidance and
moderation(36).36F

Further, it should be noticed that the condition of al-Munasabah, i.e. eligibility for deducing
cause of the ruling, which is stipulated for the validity of the analogy process, is a worthy subject of
study for its emphasis on wisdom because it makes wisdom a reference for the acceptable cause of the
ruling. Therefore, any cause which does not achieve a sensible outcome by the application of the
ruling in real life situations is not considered valid) (37.37 F

Moreover, the rules and ethics of Islamic Legal disagreement embody many standards and
rules of etiquette that are examples of the concept of wisdom. Hence, teaching them in a critical
applied way will very likely result in students attaining the required level of wisdom.

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Adopting Righteousness, al-Khayriyyah, as a Foundation for Teaching Islamic Law and its
Principles
Righteousness is a major element of moderation and one of the most important results arising
from its application. However, it requires reaching the best conclusion possible. This could be attained
by applying the previously mentioned Hadith, tradition of the Prophet Muhammad, peace be upon
Him: "Saddidu wa Qaribu" i.e. " Do good deeds properly, sincerely and moderately, and always
adopt a middle, moderate, regular course whereby you will reach your target"( 38). Accordingly, 38F

following the righteous way, which is based on moderation, is the authentic Islamic way that should
be applied in thought, research, and behaviour. One can argue that there are two methods for attaining
righteousness and moderation. The first is trying to attain the best and perfect level in everything, if it
is possible. The second is to be as close to the best as possible, in case perfection is not accessible.
This could happen for many reasons such as contradiction of texts( 39), conflict of individual and public
39F

interests, or two types of harmful options. However, contradiction is treated in Islamic law and its
Principles in a significant way, which could also be applied to enhance moderation. The following are
examples of that.
The roles of Preference, al-Tarjih, is assessed in depth in Usul a-Fiqh, in a manner that
illustrates the means of tackling a contradiction in the interpretation of texts or reasoning( 40). Further, 40F

the legal maxims of harm elimination are based on the preference of the less harmful, or the most
beneficial of the contradicting harms or benefits( 41). Consequently, teaching these maxims and their
41F

applications and examples in an analytical way enriches the students noticeably in achieving the goal
mentioned.
Easing and Facilitating Hardships as a Foundation for Teaching Islamic Law and its Principles
Islamic Law is the spiritual and practical reference for the Islamic Nation. It governs all
aspects of life for Muslims. Therefore, as a body of Sacred Law which adopts moderation as a
mainstream concept, it should facilitate ease for the people and alleviate hardships for them( 42). Allah 42F

the Almighty says in the Holy Qur'an: Allah intends every facility for you; He does not want to put to
difficulties. Al-Baqarah 2:185.
The concept of moderation is applied in different ways in teaching Islamic Law and its
Principles through several courses. In Usul al-Fiqh; there is in-depth study of the conditions
pertaining to the object of a legislated ruling, al-Mahkum Fih, in a special course of religious ruling.
All types of hardship and the Islamic means of avoiding them are assessed. Further, this concept is
highlighted in the study of the main objectives of Islamic legislation; under the subject of the Islamic
protection of the interests of man.
The courses on worship and rituals give a significant reference to the concept of moderation
as a major principle in governing them.
The module of Legal Maxims particularly emphasizes moderation and its concept,
specifications, conditions, and applications. This is in view of the fact that, one of the five major
maxims that govern the entire body of Islamic Law is 'Hardship leads to facilitation'( 43). 43F

Teaching Respect for Differences of Opinion and the Rights of Others and their Impact on
Moderation and Tolerance
Mutual respect for differences of opinion should constitute a major element of moderation in
debate. Modern life can be characterized as having a far greater level of interaction between divergent
societies than was common in the past, and what is referred to as terrorism has increased noticeably in
recent decades, constituting a serious threat to world security and social
stability. Consequently, subjects relating to tolerance must be given special care and in-depth
assessment through the teaching of Islamic Law and its principles. Tolerance should be promoted
through study, and misconceptions should be refuted in order to achieve better outcomes in the
teaching of moderation. Accordingly, legal disagreement, ethics, rights of minorities, human rights in
general, terrorism and the concept of Jihad and its rulings, and the main rules concerning respect in
international relationships must be studied carefully( 44). 4F

The facilitation of disagreement in jurisprudence, mainly between the Islamic schools of Law
is taught in the course of Comparative Jurisprudence, Fiqh. This module concentrates on illustrating
the reasons and philosophy of disagreement in Islamic Law, its main schools, and the method of
comparing between them on controversial issues. However, there seems to be a need to adjust the
material used in such a manner that they focus more on the ethics of dealing with differing opinions

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and trends. The vast body of Islamic heritage in the books of what is referred to as the Ethics of
Knowledge, Adab al-cIlm, and the ethics of reasoning, Adab al-Mufti wa al-Mustafti, have a
comprehensive approach, which is more than sufficient to achieve the required tolerance and balance
between the different Islamic sects(45). Hence, more emphasis should be placed on highlighting these
ethics in this course. Emphasis should not be placed on the study of methods and rulings at the
expense of assuring ethics and tolerance.
The course on Islamic political systems offers an opportunity to assess the level of tolerance
within the Islamic legislature concerning the rights of minorities within Islamic society, along with
questions of human rights. Promoting moderation in this respect definitely makes sense(46).
The module of International Relations in Islam allows for comparative analysis pertaining to
the subjects of causes of differences of opinion within the legislature, its conditions, terrorism, rights
of civilians, the concept of Jihad and related misconceptions, international treaties, and interaction(47).
Supportive Elements for Utilizing the Teaching of Islamic Law and its Principles in enhancing
Moderation and Tolerance
The following are further issues that arise from the teaching of this major supporting the
academic outcome related to moderation in thinking and practice.
The Correct Understanding of Islamic Texts and its role in achieving Moderate Outcomes
All Muslims refer to the texts of the Holy Qur'an and the Sunnah of Prophet Muhammad to
derive guidance for their way of life, particularly the legal texts which relate to interactions, rights,
and practices. Hence, moderation can only be achieved by following a fair and just way of
interpretation. Lack of understanding, or misguided interpretation leads to either; excessively liberal,
or intolerant practices. This negatively impacts both the individual and society. Consequently, it is
important to emphasise the means and reasoning behind authentic understanding of the holy texts.
Teaching Islamic law in a comparative way between the different schools of Islamic Law is
one way of enabling students to achieve that. This is so because the process of comparison supports
divergent points of view and reasoning on a given issue. This trains students to apply the theoretical
rules of interpretation in separate themes of law relating to the various aspects of life.
Further, special emphasis must be accorded to the courses of Usul al-Fiqh for teaching the
subject of textual indications, al-Dilalat, as they instruct on the basic elements of the rules of
interpretation. It seems that there is more concentration on verifying the rules and concepts rather than
practicing interpretation(48). This can be seen through the books taught in this field. Serious effort
must be made to change the focus to investment in the comprehensive rules identifiable within the
texts. This would be more effective for students in terms of comprehension and relevant application.
Moreover, the course which is devoted to teaching the subject of reasoning and imitation, al-
Ijtihad wa al-Taqlid, is quite crucial in allowing students to reach the level required for proficient
understanding of the texts. This course illustrates the conditions stipulated for reasoning which aim to
limit the authority of interpretation of the sacred texts to the jurists and real scholars, who are
qualified to reason religiously, in terms of language, knowledge of Qur'an and the Sunnah, methods of
derivation, and moral behaviour. Rules of imitation and following scholars and their reasoning
opinions are also examined(49). Learning these methods and rules enables students to determine how to
research and analyse texts correctly in order to correctly derive Islamic legal rulings, and how to
imitate existing righteous reasoning of scholars and qualified researchers.
Emphasising Awareness of the Context of Time as a Means to Emphasise Moderation
The time context is as important as the textual context in taking decisions and deriving an
appropriate ruling in a given case or issue. To ignore the context of time is to cause inflexibility and
hardship in the application of Law. Therefore, students should be taught the various subjects of
Islamic Law in view of the reality of the conditions available and the actual circumstances, within the
context of time and place. It is worth noting that there are several impractical attitudes prevailing in
the discipline of contemporary reasoning which could be described as inaccurate The reason behind
this trend indicates lack of awareness of contemporary conditions. Consequently, all courses of
Islamic Law should be taught according to this main principle to emphasis moderation and tolerance
in teaching outcomes.
Further, it seems that there is lack of teaching for this major principle in the courses of Usul
al-Fiqh, especially the course of reasoning and imitation, where there should be sufficient clarification
of the conditions and rules to determine whether or not the contemporary context exists. Further, the

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subject matter of Tahqiq al-Manat which stands for 'Ascertaining the Effective Cause' is a very
effective method for enabling students to apply the rules in actual cases) (50. This type of reasoning
50 F

is referred to as analogy mainly, but actually it is related to the reasoning of implementation. This
practical and effective method is taught briefly and superficially by assessing its concept and
presenting a few examples. It requires serious revision for clarification and to enable its correct
application.
One can argue that the largest two sources of Islamic Law in terms of flexibility are Public
Interest, al-Maslahah al-Mursalah( 51) and Custom, al-'Urf( 52) due to the fact that they are changeable
51F 52F

according to the variations of place and time. Assessing the teaching materials, it seems here also that
there is lack of practical training for students concerning the application of the rules and methods
related to these sources in reasoning for contemporary life situations.
To promote the courses mentioned above and to reach a better awareness of contemporary
circumstances, which is a step towards emphasizing moderation, the researcher suggests the
following.
a. Teach students the difference between stable rulings in Islamic Law and flexible rulings. The first
category refers to those rulings that are derived from definite texts, in terms of indication and
authentication. The other category relates to the majority of rulings in Islamic Law which are related
to either indefinite texts, regarding indication, or authentication( 53). However, the second category of
53F

rulings is very likely affected by the actual circumstances, which is the opposite of the case with the
first one.
b. Directing students to study the subjects assessed as they exist in real life. They should consult other
fields of study in order to specify the actual situation of the issue and its application.
c. Assessing the different possibilities, cases and types is important. This includes taking into account
the expected consequences of a ruling( 54). 54F

Recommendations
1. Faculties should focus research on crystallizing the concept of Moderation and al-Ictidal by fine
tuning presentation and seeking means of enhancing its virtues in students, and by framing the
message and educational output within all subjects of Islamic Law and its Principles.
2. Instilling the principles of Moderation and its rulings by applying its components through any
means applicable, such as visual aids, and breaking up the concept into smaller segments to
accommodate different types of perception and understanding. This will lead to a more
comprehensive understanding of moderation in the context of Islamic Law and its principles.
Consequently, we will create a body of students able to embrace it and be the personal and
academic embodiment of moderation, applying it in all aspects of life, which in turn will produce
a highly desirable ripple effect of moderation in society.
3. Designing a new subject in Islamic Law of Moderation and applying it to all colleges, including
Islamic Law and Its Principles. There is an urgent need to study this subject within the context of
contemporary circumstances due to its varied nature and the effect it will have on other subjects.
4. Enhancing applicable resources of Islamic law and its principles by reciting relevant historic
events, studying the life of Prophet Mohammad--peace be upon him--and the history of Islamic
jurisprudence and its scholars.
5. Enhancing the relevance of jurisprudence to contemporary times by introducing the requirements
of temporal and spatial context for the application of Islamic Jurisprudence that does not
contradict or deviate from basic known constants.
6. Including the latest research citing the most important manifestations of extremism in subject
matter, and refuting the allegations of those who adopt it, by providing evidence from textual
revelation, and rational substantiation. Eradicating all that contradicts with Moderation will
correct the wrongful beliefs adopted by some students, enabling them to replace their erroneous
perceptions with a wider perspective and more tolerant behaviour.
7. Utilizing concepts of comparative study in all subjects, to apply it in understanding the concept
of the greater risk and lesser of two evils, achieving balance between public and private interests,
understanding current events within the context of protecting the future, and balancing between
living this life and the hereafter. All of the above have a great impact on realizing moderation in
tangible concepts.

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8. Enhancing the study of comparative Islamic Law in different courses to teach disagreement
etiquette, accepting of the other, respecting different viewpoints, always relying on solid selective
evidence, and not following ones own desires or other opinions blindly. Comparative study
suppresses the tendency to a unilateral point of view and broadens students horizons, exposing
them to multiple points of view relating to Islamic issues, and teaching them not to confine
themselves to one ruling, because the truth has many faces.
9. Teaching the Philosophy of Islamic law and its principles, to transform the students literal
understanding of the rulings to a deeper and more comprehensive understanding of critical
dimensions of the rulings of Islamic Legislation. Enhancing students innate ability to
systematically create links between different subjects, and create a cohesive system with general
characteristics and objectives. The most important methods of enhancing intellectual depth are:
a. Study of the Rationale of Islamic Jurisprudence and Reasons of Rulings.
b. Analysing the methods of jurists in Reasoning and Preference.
c. Study of Objectives of Islamic Legislation and its Applications.
d. Analysing Islamic legal systems, and realizing the need to understand their dimensions and
characteristics as well as the importance of their application.
e. Encouraging applied studies with a futuristic outlook and understanding of the consequences of
the current rulings and how they can be applied to contemporary issues.

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