The Mufti of the Tunisian Republic Presents a Deep Intellectual Vision
The Mufti of the Tunisian Republic has presented a profound intellectual vision, weaving a link between Ijtihad (effort of interpretation), Maqasid (objectives of the Law), and a constantly evolving human reality, which he described as a "pivotal moment" in the history of the Nation.
Human Condition and Challenges of Ijtihad
His Eminence began his speech by highlighting the symbolism of the location and the moment, greeting Egypt as a land of history, civilization, and science. He then presented a bleak diagnosis of the global reality, where humanity is facing cruel trials.
In particular, he mentioned the peoples and civilizations that are being targeted, first and foremost the Palestinian people, a situation that calls for a renewed commitment to the fundamental values of Islam. He stated: "The major challenges we face today are limitless, which makes it imperative to have an Ijtihad that can keep pace with its time, without renouncing the constants and objectives of the Sharia."
The Need for a New Approach
The Mufti emphasized that the rapid transformations - from the digital revolution to artificial intelligence and virtual worlds - have imposed a new reality where man has moved "from the imaginary to the possible, and from the impossible to the real." In this context, he recalled the intellectual avant-gardism of the scholars of the Zitouna and Al-Azhar Al-Sharif.
These scholars had warned early on about the risk of seeing the gap between the Nation and the progress of human civilization widen, cautioning against getting bogged down in "superficial jurisprudential differences" at the expense of an Ijtihad focused on objectives. Relying on the sentence of the illustrious scholar Al-Suyûtî, according to which "Ijtihad is an obligation at every era," he called for prioritizing the teleological dimension of the Fatwa to make it a tool for living interaction with reality.
A New Approach to Fatwa
Proposing a profound approach to the function of the Fatwa, His Eminence explained that it is not just a "notification of a legal rule," but a response to complex human problems. This requires today listening to experts in various fields: scientific, medical, and social.
"The complexity of contemporary issues requires elevating the Fatwa to broader horizons, making it capable of dialoguing with the reality of modern man, while confirming the ability of Islamic law to communicate and renew itself," he affirmed.
A Call for a "Fiqh" of Mercy and Ease
In conclusion, the Mufti reaffirmed that the essence of Islam lies in tolerance and moderation. He recalled the values established by the Prophet Mohammed: the dissemination of noble principles, the primacy of mercy, and the choice of the easiest path, far from any fanaticism, withdrawal, or instrumentalization of religion in conflicts.
The intervention of Sheikh Hichem Ben Mahmoud opens up vast perspectives for an in-depth debate on the role of the Fatwa in a changing world. It places the responsibility on scholars and religious institutions to produce a rational Ijtihad, which reconciles authenticity and renewal, giving the Fatwa its role as a bridge between the Sharia and human reality.
This is an explicit call for a jurisprudence (fiqh) that carries meaning, and not a jurisprudence of rupture; an Ijtihad that accompanies the future without ever losing its roots.