“O mankind, we created you from a single (pair) of male and female and made into nations and tribes that you may know each other. Verily the most honoured of you in the sight of God is the most righteous of you.” [Qur’an; 49:13]
We find some Islamic legal opinions (fatwa, pl. fatawa) that engender agitation in society and sometimes lead to disturbing scenarios and actions. In implementing legal rulings, it is important to consider the traditions of the past alongside the circumstances of the present (fiqh-ul-waqi’, i.e. jurisprudence of reality).
The spirit of the law must be considered along with the letter of the law. Decisions cannot be made by merely looking at the branches and not examining the roots and not understanding the what, why, and how of a matter. The faqih (jurist) is a skilled intellectual craftsman who understands his craft inside out. In any field, it is the artisans understand their terminology, not the general public who nevertheless benefit from the result of the artisan’s work.