Dear Muhsin,
Only a committee or council representing Shariah scholars and experts from all schools of Islamic thought can resolve such issues. Ijtihad is needed, but it is not every one’ds job. Ijtehad should neither be a source of anarchy nor a means of transforming the Islamic Sharî´ah from Divine to a man-made law. The concepts of Custom, General Good, Utility or Necessity are also taken into consideration in the process of Ijtihad based on proper analogy but these factors are relevant only when the basic principles given in the Nass (Clear texts of Qur’an and Sunnah) are taken care of and the outcome conforms to the objectives (Maqasid) of the Sharî´ah. Continue reading