THE PRINCIPLE OF “ ‘UDŪL” AMONG THE FUNDAMENTALISTS AND ITS EFFECTS IN ADDRESSING NEW CHALLENGES OF (CORONA VIRUS)

Abstract

This research aims to clarify the idiomatic and historical context of the “ ‘Udūl” Principle among Fundamentalists, and link it to the exceptional jurisprudential realities that emerged from its core, such as “al-Istiḥsān” and “Sad- al-Zarai’”. The practical part of the study focused on explaining the impact of this jurisprudential principle in dealing with the Corona Virus disasters, and in assimilating its challenges consequently leading to the deviation from some steady unbroken rules and other partial measurements. The research used both the inductive and the analytical approaches. The first approach was used in tracing the Fundamentalist Concepts related to the Modification Principle, thus revealing its implementation in jurisprudence and fatwas. The second, in analyzing the exceptional jurisprudential dimensions of this Principle and in describing its application’s features in the elected models. Among the results revealed is that the calamities of the epidemic seem to emerge in the context of exceptional principles governed by the consequences of revelation and the specifics of time and place. Satisfying people's needs in times of hardship and distress requires the mujtahid - in many cases - to make some exceptions from the General Rules, and to abstain from the rigid measurements thus, giving priority to what the Sharia and Peoples’ General Interest outweighs. This exactly what Muftis did in dealing with some cataclysms like that of Zakat acceleration, handshaking ban, price adjustment in lax contracting contracts, or in other similar problems where new fatwas were issued individually and collectively, hence embracing the Purposes of al-Shariah by approving the need for al-Ijtihad every time any unexpected dilemma occurs.