Fiqh al Jihad Sheikh Yusuf al Qaradhawi

Moreover, such hadiths should not contradict that which is stronger and more
authentic: verses from the Qur’an, other hadiths, or that which is established by
knowledge and reason. Thus, they should be illustrative of, not at odds with, what
has been revealed in the Qur'an, and should proceed in line with the Book and the
Balance (of justice) sent down by the Almighty.
Third, benefiting from the treasures of Islamic fiqh and drawing on its abundant
resources, with no bias in favor of the fiqh a certain madhhab against another, or
exclusively clinging to one imam while neglecting another. Rather, we should
consider this a great legacy to be possessed by every researcher, so that they can
delve into its depths, fathom its secrets, and utilize its hidden stores.
While doing so, a researcher should compare different views and proofs, without
adopting a fanatical position in support of a certain opinion, or permanently imitating
a particular madhhab. Yet, we can adopt Abu Hanifah's opinion in one case, Malik's in
another, and Ash-Shafi`i's, Ahmad's and Dawud's in other cases, and so on. We may
even, in some particulars, refer to non-Sunni madhhabs, such the Zaydi, Ja`fari or
Ibadi madhhabs, if they provide the required solution. Moreover, we may adopt the
approach of some obsolete madhhabs, such as that of Al-Awza`i, Ath-Thawri or At-
Tabari.
Fourth, it is not sufficient for us merely to compare the madhhabs and opinions
within Islamic fiqh and its schools. Rather, we may also compare the fiqh of Islamic
Shari`ah as a whole with Western positive laws. The aim of such comparison is to
illustrate the extent of the originality of the Shari`ah, the firmness of its principles,
its independence from other laws, and its conciliation between idealism and realism,
and between the divine and the human.
Fifth, linking fiqh to the contemporary reality lived by the Ummah and by the world.
This is because fiqh is made to solve the problems of the Muslim individual, the
Muslim family, the Muslim community, the Muslim state and the Muslim Ummah
through the tolerant rulings of the Shari`ah.
Thus, it searches for cures or treatment of the diseases of the Muslims within — not
outside — the treasures of this honorable Shari`ah. It also answers any question
that is raised by the individual or the community as regards religion and life. Fiqh
also leads the civilizational march of the Ummah in the light of the rulings of the
honorable Shari`ah.
Sixth, as is the case with all our books and researches, in this book we have adopted
the approach that Almighty Allah has guided us to choose and prefer in da`wah,
education, iftaa', research, reform and renovation, namely the approach of
moderateness and mildness.
Among the aspects of this approach to fiqh, understanding and ijtihad, is that we
should renew the religion from within and perform ijtihad that is compatible with our
life and age just as our preceding imams performed ijtihad that was compatible with
their life and age. We should use the sources of knowledge from which they derived
their views, understand the partial texts within the framework of the overall
objectives, and trace ambiguous issues back to those that are clear, the conjectural
to the conclusive, and the particular to the general.