WRT: http://groups.yahoo.com/group/mukto-mona/message/46453
Dear members and Hasan Mahmud sb,
Assalamu Alaikum.The issue under discussion that is FGM on which the major scholars have ruled that this should be banned.They have given their arguements.They are trained jurists , they know the juristic method well, they know how to use legal materials in the Quran and Sunnah in giving rulings.What comment I can give further on this.
The jurists by and large keep the Maslaha ( public good, a principle of Usul ) and Istihsan ( juristic preference , another principle of Usul), principles of Taarud ( conflict ) resolution and the Hukm Sharii principles ( principles of legal category involved) in mind when formulating rules.
The old jurists kept these in view in their circumstances and the modern jurist their circumstances.Moreover now juristic rulings are moving from individual ruling tocollective ruling.
The jurists in principle believe that there can be difference of opinion in Ijtihad or interpretation of legal materials and this principle has helped the Ummah in facing the changing circumstances.These are not binding forever.
As for Sunnah and Hadith, I have nothing to say than what I explained before.The problem if any has reduced to the minimum and scholars, Insha-Allah would solve them all.Sunnah is not againt woman as such or any group.Quran and Sunnah are against criminals ( men and women), against evil-doers of all kinds, against deniers of Truth of Islam and deniers of God and His teachings and Prophets, including the last Prophet.
If some one wants to prove Sunnah against women, it is mis-conceived, others try to prove that the Quran is against women.There is no end to such arguments but the faithful scholars and Muslims have found all these claims un –founded or mis interpretation.
Please forgive me that I can not involve myself further on this issue.
Shah Abdul Hannan
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