Slave Drivers and Street Vendors

While driving through Empress Road a petrifying scene attracted my attention that compelled me to pull up and watch over. It was really shocking. In a ding-dong fight the City officials were veritably frittering away the victuals and seizing the pushcarts of the luckless vendors. Under the supervision of a petty official behaving like a dummy god of the City government, the economic and physical assault of the vendors, destroyed their dignity and conviction only for being unlicensed.

The view reminded me of such instances as hackneyed during apartheid or colonial regimes. It clinched an argument that the same Pakistan that is earnestly engaged in war against terrorism, at street level follows Machiavelli.

City officials regularly quell vendors to mental and physical pressures. At times this has led to riotous situations, loss of property, and monetary damage. A major problem is that master plans prepared for our cities do not collocate space to vendors. The planners blindly imitate the western concept of marketing, ignoring our traditions and the needs of the unemployed youth, particularly in the wake of rising crime and terrorism. No wonder, weekly markets struggle to survive; natural markets are ignored. The policy statements of the local, provincial and federal development authorities talk of making provision for trading and commercial activities, which unfortunately is interpreted as doing so for rich traders and big businesses.

We have taken no notice of the ignorance of City workers, their misuse of authority and inadequacy. Consequently, their treachery, lust, covetousness, and every kind of inhumanity and cruelty, continue unabated.

Street vendors are those millions who come to cities as economic refugees hoping to provide basic necessities for their families. They provide a wide array of commodities to the urban populace at reasonable prices. They can be divided into two major categories—(a) mobile vendors who own pushcarts or simply move around with their goods in hand and (b) stallholders who set up khokhas in public places on a more or less regular basis.

The variety seen in the goods and, yes, the services provided by these innovative professionals is staggering. It is difficult not to associate these people with the culture and traditions of the city.

The type of goods they sell makes an interesting study – from daily needs like vegetable, fruits, fish, meat and snacks to occasional needs like ready-to-eat food, toys, and used garments. It would be hard to find an urbanite that doesn’t purchase something from these vendors. The middle and lower class consumer specifically prefers to purchase from them, though even well heeled citizens purchase many commodities given reasonable prices.

Vending has been a profession since time immemorial, with street vendors an integral part of our urban history and culture. Shopping and marketing, in a traditional sense, has primarily been informal. Social interaction is integral to our markets in contrast to the mechanized and sterile concept of shopping favored by modern market and super market structures.

Street vendors exhibit remarkable entrepreneurial skills. Purchasing of commodities is no easy task with constant market fluctuations. Merchandise has to be in sync with both consumer tastes and paying capacity. As most vendors deal in perishables, the goods have to be sold at the right time.

The municipal corporation laws, based on 19th century British rule, are outdated and detrimental to the peaceful conduct of business by vendors. Instead of regulating vendors, city governments treat them as a nuisance; their policies and actions are aimed more at removing and harassing them rather than at regulation. The rich traders have encroached sidewalks, footpaths and even roads, which the same authorities ignore. Why? The law only seems for the poor who are unable to grease the palms of the incompetent functionaries.

Every government in Pakistan comes with tall claims for poverty alleviation but unemployment continues to exist. Street or sidewalk vending provides self-employment and small business ownership opportunities to the downtrodden. Entrepreneurship is an exciting opportunity for the poor to realize their full potential while becoming financially self-supporting. Our planners remain oblivious to the role of vendors who are victimized, harassed, marginalized and deprived.

The city has today become an engine of growth, the main job provider. Just the same, they remain ill prepared to address the problems of poverty. Planning and governance continues to be the preserve of the politician-mafia-bureaucrat nexus. Poorly tailored policies if at all exist are badly implemented. Instead of creating an enabling environment, government policies are wrecking the livelihoods of these people, depressing their incomes and thwarting their entrepreneurial potential.

There is unabated official and social hostility towards the informal sector of street vending, even though the formal sector has ceased to grow, having reached saturation point. As the cost of creating jobs in this sector is very low, it needs to be integrated into the context of the overall macro-economy. However, we must first remove the obstacles in its functioning.

There is no institutionalization of a process to enable vendors to sell their commodities peacefully. A holistic approach targeting all the stakeholders demands changes in anti-vendor laws, a pro-vendor policy, creation of institutions to enable participation of vendors in urban governance, changing the mindset of the planners, the police and the society at large, and building the capacity of the vendors.

Pakistan’s social system must cater to the needs of its members to enable them to survive; it must have effective means of allocating and distributing resources. The government should thus formulate a policy by (a) giving vendors legal status and issuing licenses at nominal yearly fee, (b) setting up of mobile teams for spot licensing (c) promoting and developing the natural market system, (d) making street vendors a special component of the plans for urban development by treating them as an integral part of the urban distribution system, (e) setting up appropriate, participative, non-formal mechanisms with representation from street vendors, NGOs, local authorities, the police and others. Asif J. Mir, Organizational Transformation

Religions and Sustainability

Spiritual traditions—from large, centralized religions to local tribal spiritual authorities—in the future will devote energy to what some see as the defining challenge of our age: the need to build just and environmentally healthy societies. The major faiths will issue declarations, advocating for new national policies, and designing educational activities in support of a sustainable world—sometimes in partnership with secular environmental organizations, sometimes on their own. Responding to the global crisis, smaller traditions will revive ancient rituals and practices in the service of sustainability. A powerful new political alignment will thus emerge that greatly strengthens the effort to build a sustainable world.

A source of power for religions is the sheer number of followers they claim. It seems that some 80–90 percent of people on the planet belong to one of the world’s 10,000 or so religions, with 150 or so of these faith traditions having at least a million followers each. Adherents of the three largest—Islam, Christianity, and Hinduism—account for about two thirds of the global population today. Another 20 percent of the world subscribes to the remaining religions, and about 15 percent of people are nonreligious.

Influence stemming from having a large number of followers is further enhanced by the geographic concentration of many religions, which increases their ability to make mass appeals and to coordinate action. In 120 countries, for example, Christians form the majority of the population. Muslims are the majority in 45 countries, and Buddhists are in 9. When most people in a society have similar worldviews, leaders can make mass appeals using a single, values-laden language.

Religion is an orientation to the cosmos and to our role in it. It offers people a sense of ultimate meaning and the possibility for personal transformation and celebration of life. To this end it uses a range of resources, including worldviews, symbols, rituals, ethical norms, traditions, and (sometimes) institutional structures. Religion also offers a means of experiencing a sustaining creative force, whether as a creator deity, an awe-inspiring presence in nature, or simply the source of all life. Many of these characteristics give religion substantial influence over the environment.

At the same time, the environmental community has often alienated potential allies with what is perceived as scientific aloofness, even self-righteousness. Its “left-brain” approach to its work is partly to blame for its inability to connect with greater numbers of people, to inspire profound commitment on a large scale. Given the central place of culture in national development—and the central place of religion in most cultures—a sustainable world cannot effectively be built without full engagement of the human spirit.

Religious institutions and leaders can bring at least five strong assets to the effort to build a sustainable world: the capacity to shape cosmologies (worldviews), moral authority, a large base of adherents, significant material resources, and community-building capacity.

And most produce strong community ties by generating social resources such as trust and cooperation, which can be a powerful boost to community development. Many political movements would welcome any of these five assets. To be endowed with most or all of them, as many religions are, is to hold considerable political power.

In the three western monotheistic traditions—Islam, Christianity and Judaism—morality has traditionally been human-focused. Thus the natural world can be seen as a set of resources for human use.

Yet scholars in each of these traditions find substantial grounds for building a strong environmental ethics. The Islamic concept teaches that the natural world is not owned by humans but is given to them in trust—a trust that implies certain responsibilities to preserve the balance of creation. The Christian focus on sacrament and incarnation are seen as lenses through which the entire natural world can be viewed as sacred. The Judaic concept of a covenant or legal agreement between God and humanity, for example, can be extended to all of creation. And the
Hinduism and Buddhism contain teachings concerning the natural world those are arguably in conflict. The illusory nature of the material world and the desirability of escaping suffering by turning to a timeless world of spirit, in the case of Hinduism, or by seeking release in nirvana, in the case of some meditative schools of Buddhism. This otherworldly orientation minimizes the importance of environmental degradation. On the other hand, both religions place great emphasis on correct conduct and on fulfillment of duty, which often includes obligations to environmental preservation.

Thus Hindus regard rivers as sacred, and in the concept of lila, the creative play of the gods, Hindu theology engages the world as a creative manifestation of the divine. Meanwhile, Buddhist environmentalists often stress the importance of trees in the life of the Buddha, and “socially engaged” Buddhism active in environmental protection, especially of forests.

The East Asian traditions of Confucianism and Taoism seamlessly link the divine, human, and natural worlds. The divine is not seen as transcendent; instead, Earth’s fecundity is seen as continuously unfolding through nature’s movements across the seasons and through human workings in the cycles of agriculture.

This organic worldview is centered round the concept of ch’i, the dynamic, material force that infuses the natural and human worlds, unifying matter and spirit. Confucianists and Taoists seek to live in harmony with nature and with other human beings, while paying attention to the movements of the Tao, the Way. Despite the affinity of these traditions with an environmental ethic, however, deforestation, pollution, and other forms of environmental degradation have become widespread in contemporary East Asia due to many factors, including rapid industrialization and the decline of traditional values in the last 50 years.

Our civilization’s challenge is to reintegrate our societal heart and head, to reestablish spirituality as a partner in dialogue with science. While acknowledging its shortcomings, the religious community can rightly claim enormous capacity for self-reform. Asif J. Mir, Organizational Transformation

Reengineering the Politics

Pakistan is a country that runs politics without politicians. And this has remained a major, if not the sole, obstacle against political stability in the country. The conviction of the people suffers from a serious scarcity of politicians with the capacity of perceiving, exploring and exploiting political-democratic opportunities for their necessitous citizens. This scarcity has left Pakistan with the option of practicing politics without politicians. And the result has remained the same: despair, pessimism, cynicism, and neglected pile of problems such as unemployment, poverty and a broken society.

Politics in Pakistan is a ghastly pursuit—what helps one group is thought inevitably to harm another; what benefits one must hurt the other. It is a politics of despondency. In the name of advancing the interests of one's own group, it rejects attempts to educate, pressure, or change the society as a whole, thus accepting the status quo and revealing its essentially conservative nature. It is a politics of defeat and demoralization, of pessimism and narcissism. By seizing as much as possible for one's self and group, it exposes its complete disregard for the whole from which it has separated—the rest of the society. It thus rejects the search for a just and comprehensive solution to social problems. It is fundamentally conservative, working against progressive change and supporting the status quo.

In politics of Pakistan the intent is acquisition of power, and a culture prevails where people as well as the nation have become insensitive to human values and feel no hesitation in trampling over the rights of others. The ambition for power has thus turned out to be the tumbling block for establishing peace, equality and a true sense of fellowship. Such exhortation to goodness and moral superiority will remain in a pious ideal if our political leadership failed to translate it in social and political policies.

As ill luck would have it, the name of the game in Pakistan has become winning the elections and not incessant development and prosperity for all. Consequentially, problems such as unemployment, inflation and rule of law are bumping up and no political entity in Pakistan seems concerned. The only implicit, overt and covert concern is for power.

The manifestos of all political parties are no more than points of etiquette. They lack the power to foster commitment, motivation and clarity of vision and purpose. They do not surround certain principles and processes, which are properly observed in their development and deployment. They fail to connote the manifesto of political parties forming the basis for strategic direction and daily action. They are not developed in ways that they become powerful tools. Our political parties do not adopt the new philosophy, institute leadership, and eliminate slogans and exhortations. They fall short of doing away with personal goals and putting everyone to work to accomplish transformation. This requires leadership and commitment to a common mission, which all political parties lack.

Perhaps Z. A. Bhutto was the first (and the last) to offer a program that ignited the spirits of people. Today’s political organizations, including the party he left behind, lack agenda, harmony with values, inspiration, motivation and the ability to capture the heart and soul of the people. Consequently, whatever deficient programs these parties offer are identical, monotonous and ambiguous. They only differ in phraseology and verbosity.

Manifestos of most major political organizations are substance deficient. Even during a supplementary election recently held in my vicinity, I could not determine the main thrusts of political agendas of the contestant political groups (one candidate supported by a coalition of PPP, MMA, PML-N, Tehrik-e-Insaf while the other represented PML-Q). The entire campaign pivoted around attacks and counter-attacks. I could not even grasp the vision of PML-Q. Different leaders had different interpretations. Regrettably, no political party in Pakistan has a stated vision.

For all our political groups are without the vision people are locked in their past and present and incapable of imagining a future that will be better, they’ve lost hope. Politics has thus become mere “business,” horse-trading, squabbling about power with little sense of the ends to which power is the means. Gaining and holding on to power has become the purpose. For vision is what generates purpose for a society, without vision public life in Pakistan has become a battle of interests, unconstrained by a larger horizon of meaning. By and large, the losers are the powerless and the vulnerable—the luckless people.

By having a manifesto with people’s soul in it, a political party can have continuity. This is one of the major benefits of managing and leading by a manifesto developed by a participative process. It provides a long-term continuity and help leadership to maintain a long-term competitive advantage because it has direction and purpose. And when individual values are harmonized with those of the political enterprise, people work together for common purpose that is deeply felt. They contribute more as a team than individually. Thus the productivity not just gets better it gets dramatically excellent.

Today Pakistan is in dire need of people-service engineers, political-democratic entrepreneurs, and change agents who can dedicate their careers to the job of serving their people in solving their micro and macro-societal needs.

Pakistan needs those political leaders who can yield their personal interests to national interests and have the need of maintaining public accountability; who can keep the political machinery going for the future growth of their political career which is needed by the society; and who can discern that the military is right there seeking and watching out to grab power and impose dictatorship.

The new challenge lays ahead—the challenge to enable society to operate in dynamic balance with the threatening external environment. The nation yearns for leadership capable of providing direction and inspiration needed to survive and prosper into the 21st century. Pakistan desperately needs political re-engineering for driving the nation toward survival and prosperous future.Asif J. Mir, Organizational Transformation

The Local Government System

A vision of local government (LG) in the future addresses two fundamental questions: why is LG necessary; and how will it secure the skills and capacity to do its job well. City planning thus involves the anticipation, so far as practicable, of all the city's future needs, physical, social, and financial. It seeks to turn the lessons of the past to the profit of the future.

Increased attention is now being given, the world over, to the improvement of the fundamental influences affecting city life. This new solicitude has been inspired by the extraordinary growth of cities, by the steadily increasing complexity of urban relations, and by a better appreciation of the fact that contented citizenship is largely a matter of congenial environment. The enterprise is today known as city planning—an endeavor to transform the modern community into a safer, more convenient, more healthful, and more attractive place of human abode.


The new system of local government indeed superbly excellent, despite initial years of its implantation, continues to sail in troubled waters. Most key officials are yet to understand the new situation providing a dominating role to the locally elected members in running the affairs of the city government. With this ambiguity we continue to see tons of uncollected trash, broken roads, and contaminated water supply and sewerage system in ghastly conditions. Many problems remain to be solved—securing clarity and understanding about the concept by all stakeholders. Still much work still has to be done.

The councils were elected on non-party basis to avoid conflict in service delivery. Sadly, not only the conflict continues to exist but cooperation is also absent. The development of LGs has also created a dearth of trained manpower, particularly in finance and planning, information technology, law and literacy groups.

Contrary to the concept of LG, the prevailing corrupt culture has thrown consumers of services at far end, with no say, whatsoever. The Council members receiving kickbacks from infrastructure projects, display large banners in self-praise and thus trying to create false impressions of their good work. Local projects are conceived not on preference basis, but on the amount of sweetener the elected representative will get. Thus the representatives elected by people turned out to be the guardians of their own private interests.

Among the varied activities of the modern city few are more intimately related to the daily life of the people. To safeguard the public health in any large community is a task of the first magnitude. But it is an indispensable public undertaking, for health is the greatest single factor in personal efficiency.

The modern city throws off an enormous amount of waste material from day to day. The total is sometimes as much as a ton daily per head of population. This waste consists of a great variety of things namely, rubbish, garbage, and sewage. Rubbish and garbage may become a health menace under certain conditions by increasing the number of rats, mosquitoes, flies and other insect carriers. The LG must engage private sector in handling these issues.

If the most imperative need of a modern city is its water supply, the next in point of urgency among its daily requirements is the removal of waste. A modern community could endure for a season without pavements, street lights, parks, telephones, or street cars; and it might conceivably struggle along for a time without schools, police, or fire protection; but without water and sewerage it would find the greatest discomfort and inconvenience within twenty-four hours. Public sanitation is therefore entitled to a place at the top of the list among the essential industries of every large community. It may be briefly defined as the art of removing all objectionable wastes in the most unobjectionable way.

The street plan of the city determines the configuration of its growth and development, including the general uniformity or variety of private structures. Nearly all the physical aspects of municipal administration are in some way or other related to the public thoroughfares, and it is for this reason that the fundamental importance of street planning, street construction, and street maintenance can hardly be exaggerated. In the modern city one-third or more of all the land area is dedicated to street use.

The Nazim occupies a position of great visibility, and constituents have high expectations about the leadership that he ought to deliver. He is viewed as the problem-solver-in-chief in city government. Unfortunately, despite the available power and authority, his honor has failed to get things done. The incumbents are more concerned in pseudo publicity rather than real work. They need to learn that only service to people matters. They will win hearts of people when they will solve their real problems. False publicity only promotes cynicism.

EDOs are professionals, and skilled civil servants. They have adopted a policy leadership role as well as implementation of programs, delivery of services, and management of resources. Though still somewhat ambivalent about this new role, they bypass the LGs for provincial governments on many important issues, including preparation of budgets.

LG should be seen as an asset rather than a potential threat. It is not defined as a delivery agent for federal or provincial government. It is another democratically elected tier of government, with the strengths and responsibilities that come with a democratic mandate.
Bureaucracy should accept this changed situation.

Cities in Pakistan are under increasing pressure to find effective ways to meet their problems and respond to the needs of citizens. With diminishing outside assistance, officials in city government are challenged to determine the purpose and direction of their government and to generate the resources to carry out their mission. They must not only find more revenues locally to address their problems, they must also discover the resources within themselves to give leadership to their city, provide quality services, and manage shrinking budgets with greater efficiency. Asif J. Mir, Organizational Transformation

Ijtihad: The Road to Spiritual Democracy

Abstract
The ultimate spiritual basis of all life, as conceived by Islam, is eternal and reveals itself in variety and change. Without freedom and democracy ijtihad cannot be performed. Democracy is the key to opening up ijtihad—the key to solving the principal problems confronting the Muslim world today. That is the thesis of this paper. It discusses ijtihad and its role in addressing the contemporary needs of Muslim societies. My paper also explicates the way ijtihad works, and how can it be used to address the needs of Muslim societies in the twenty-first century. It brings into question: Who has the right to perform ijtihad, and how should Islam adapt to changing societal conditions, needs, and priorities in its quest for social justice and equality?

This paper also converges on the needed solutions to the prevailing crisis and development of modern Muslim societies and reconciling their understanding of Islam and the message of the Quran with changing needs, circumstances, and priorities in Muslim societies.

Permanence and Change
Perpetual change, adjustment, and movement-inevitable aspects of human society-have been recognized by every succeeding generation, as it marks its losses and gains.

Yet, at any given time, there is a local sense of continuity. But every culture, of course, experiences both continuity and change: over the longest term, these changes may be so radical that they amount to a new cultural or socio-economic form, but in the shorter term they are more often a change of content, not of form.

Whereas the basic principles that govern economy and society may stay the same, many of the devices, rules, and customs that mediate between these principles, on the one hand, and material production, on the other, are constantly developing.

Any loyalty to a social system makes sense only when we recognize the existence and importance of deep feelings of continuity, which are perhaps the very essence of a sense of culture.

In order to find reconciliation between stability and change, Islamic society finds eternal principles to regulate its collective life; for the eternal gives us a foothold in the world of perpetual change.

Change is inevitable in human life and society. Dr Muhammad Iqbal, recognized as the Poet of the East, also says that it is only revolution, which is permanent and everything else keeps on changing. In the event of constant change, can religion and religious law remain unchanged? Again the important question is what is permanent in religion? Is there any component, which changes? Does divine mean something static? Then what is the meaning of the Quranic verse ...every day He manifests Himself in yet another (wondrous) way (29:55).

Ijtihad
However since eternal principles can also be debilitating if they are understood as excluding all change, the dynamism of ijtihad is necessary. Ijtihad keeps its body and soul together with the principle derived from Quran: Nor should the believers all go forth together: If a contingent from every expedition remained behind. They could devote themselves to studies in religion, and admonish the people when they return to them—that thus they (may learn) to guard themselves (against evil). (9:122)

The science of ijtihad (or reasoning and interpretation) was developed by Muslim scholars in order to understand and apply the message of the Quran to varying societal needs and conditions. This process is based not only on the Quran and religious tradition (sunna), but also on reason, and prioritization.

Ijtihad has the meaning of being an authority in the matters of Islam; but there are two ways of being an authority and deriving opinions in the matters of Islam: one which is in accordance with the shari`a, and one which is forbidden by it.

Now, the kind of ijtihad which, in my opinion, is forbidden is that which means legislating or enacting the law, by which we mean that the mujtahid passes a judgment which is not in the Quran or the Sunna but according to his own thought and his own opinion. The sources of legislation, and the valid proofs for determining the shar`ia, are given as the Book, the Sunna and ijtihad.

The commands which are given in the shari`a from the Book and the Sunna are limited and finite, whereas circumstances and events which occur are not, so another source in addition to the Book and the Sunna must be appointed for the legislation of Divine commands - and that source is the very same as we have defined as ijtihad alra'y.

Ijtihad gradually found a wider meaning, i.e., the employment of careful consideration and reasoning in reaching an understanding of the valid proofs of the shari`a. This, of course needs a series of sciences as a suitable preliminary basis on which to develop the ability to consider and reason correctly and systematically. The `ulama of Islam gradually realized that the deduction and derivation of the precepts from the combined valid proofs of the shari`a necessitated the learning of a series of preparatory sciences and studies such as the sciences of literature, logic, the Quranic sciences and tafsir (Quranic exegesis), the science of hadith and the narrators of hadith (rijal alhadith), the science of the methodology of usul alfiqh, and even a knowledge of the fiqh of the other sects of Islam. A mujtahid was someone who was a master of all these sciences.

Ijtihad as used today means competence and expert technical knowledge. It is obvious that someone who wants to refer to the Quran and hadith must know how to explain the meaning of the Quran, he must know the meaning of the verses, which verses abrogate which verses, which ones have clear meanings and which ones ambiguous meanings - and he must be able to distinguish which hadith is valid and authoritative and which not. In addition, he must understand, on the basis of correct rational principles, incompatibilities between hadiths to the extent that it is possible for him to resolve them. In the verses of the Quran themselves, and similarly in the hadith, a series of general principles for verification and interpretation are laid down, and the use and exercise of these principles need training and practice, just as in the case of all other basic principles in every science. Like the skilled technician who knows which material to choose from all the materials available to him, the mujtahid must have proficiency and ability. In hadith, especially, there is a great deal of fabrication, the true and the false are mixed together; the expert must have the power to distinguish between them. In short, he must have enough preliminary knowledge so that he can exercise competence, authority and technical expertise.

Every day Muslims are faced with new problems in their lives, and they do not know how to confront them as Muslims. Basically, the 'secret' of ijtihad lies in applying general principles to new problems and changed circumstances. The real mujtahid is one who has mastered this secret, who has observed how things change, and subsequently how the rulings on them have changed.

The work of a mujtahid is the deduction and derivation of the precepts of the shari`a; but his knowledge and understanding of all things, in other words, his worldview, has a great influence on the decisions he makes. If we imagine a mujtahid who is always sitting in the corner of his house or his madrasa, and compare him with a mujtahid who is conversant with the currents of life, both of them refer back to the valid proofs of the shari`a, but each one of them will derive his legal rulings in a particular way, using a particular method.

In all the world's sciences - medicine, mathematics, law, literature and philosophy - branches of specialization have been created, and for that very reason progress has been accelerated in each of these branches. Some mujtahids also take as their specialization `ibadat (the rites of Islam), and others mu`amilat (transactions), some siyasat (politics), and other ahkam (criminal law); Thus, each mujtahid can study his own branch more thoroughly.

Many people wonder why it is that the mujtahids differ at times in their decrees, when the basis of their Ijtihad are the same. It should be observed that difference in scientific opinions is not to be taken as a sign of a substantial defect in the quest for knowledge. It is rather, a sign that knowledge moves in progressive steps towards perfection. Differences of opinions are to be found in all sciences, not just in fiqh.

A mujtahid who may sometimes make a mistake while practicing the act of deriving Islamic laws from their original sources - the Quran and the sunnah - but his mistake is not done blindly and at random but due to his insufficiency or inadequacy in his scientific tools or his self capacity which causes him to be unable in deriving legal law as it is formulated in the world of law and a divine Shari'ah.

Contrarily, an example is a case in which Imam Muhammad Ibn Idris al-Shafi'i, one of the founders of Islamic jurisprudence, gave a certain legal opinion in Baghdad. One year later he moved to Cairo, and in response to the same question he gave a very different opinion. Someone questioned him, "Oh Imam, last year in Baghdad you gave a different answer," and he replied, "That was in Baghdad and this is in Cairo. That was last year and this is now." When employing ijtihad, scholars considered the time, place, norms, and prevailing conditions when they rendered their religious advice and opinions.

Some scholars depend on some of these sources in formulating laws while others refuse to do so pointing out the drawbacks of these sources.

It is useful to point out the main principles, which serve as necessary conditions in the process of juristic reasoning (Ijtihad). Among them are the following:
1. Certainly, the Quran and sunnah are two main sources in formulating Islamic laws.
2. No one has the right to give his own Ijtihad in any case whenever there is a legal law in the Book of Allah and the Prophet's sunnah. "...And whatever the Messenger gives you accept it, and whatever he forbids you, abstain (therefrom)" (59:7)
3. Only one judgment for one subject falling under the same circumstances and conditions, and which represents the pure legal opinion.
4. The laws discovered by the faqih are only estimated but not final and should therefore be subjected to scientific discussion and strict legal scrutiny.
5. As a result of the previous point, we should understand that the process of juristic reasoning is a critical one in which discovered opinion undergoes a thorough accurate criticism, and evaluation in order to arrive at the correct law. No juristic reasoning could be considered sound if it is not subjected to criticism and scientific discussion.
6. Juristic reasoning should be pure and free from any fanaticism or internal and external factors such as political and sectarian tendencies and should be capable of withstanding scientific analysis and criticism. Therefore, Ijtihad is a scientific process based on research and inquiry.

It is also important to bear in mind the two aspects of religion, and it applied to all religions of the world, i.e. transcendental and transient. The transcendental is immutable whereas the transient as the word itself indicates is subject to change depending on the contingencies of the situation. What we understand by the Shari'ah is composed of both the elements i.e. transcendent and transient or, in other words, the divine and human. The Quran also incorporates both the elements. For example the institution of slavery is a transient one whereas the concepts of human dignity, equality and fraternity are all transcendental.

In a fast changing world recourse to ijtihad is a must and Islam is among those religions which approves of healthy change and allows its believers to not only grapple with the changes taking place around them but also to strive to reapply Islamic principles of jurisprudence.

Spiritual Democracy
Religious establishments impose restrictions on the contemporary practice of ijtihad. Nonetheless, democracy and freedom of inquiry and expression are essential to the practice of ijtihad and to the successful reconciliation of Islam and modernity.

Today's proponents of ijtihad take a far more expansive view. "There will be no Islamic democracy unless jurists permit the democratization of interpretation. Political elites in the Muslim world have for centuries restricted the development of democracy and political accountability by hiding behind religious principles that they proclaim to be fixed in stone. In effect, for an end run around the entire traditional apparatus of Muslim jurisprudence. Believers should instead look directly to the Quran and to the practices of Muhammad (pbuh) and his companions, and use their own efforts at interpretation to build ethical communities.

The reformist interest in ijtihad is not new. For more than a century, Muslim scholars and activists have cited the concept as they have tried to respond to the trauma of colonialism and its aftermath. In his 1934 book The Reconstruction of Religious Thought in Islam, poet Dr Muhammad Iqbal, argued for transferring "the power of ijtihad from individual representatives of (legal) schools to a Muslim legislative assembly," which would build toward "spiritual democracy, which is the ultimate aim of Islam."

The latest proponents celebrate a much more inclusive model of ijtihad. No jurist can single-handedly interpret Islam. Shariah should be by shura," or consultation, he says. "We should all consult among ourselves and conclude what God is telling us. ... Interpretation of God's message is the quintessential quality of humanity. To take away from me my right to interpret Islam, you have to deprive me of my humanity.

Creativity built on the belief that there were always new possibilities available and that God gave us this earth and this life with permission to use them creatively. Legal reasoning—even the best legal reasoning—is not the solution to our problems. Our problems are not going to be solved by having scholars think more deeply. If we limit change and innovation to only those who have qualifications to reason from the text, we are not going to get anywhere.

It is hoped that by the conclusion of this paper, the audience will see Islam in a new light, not as a form of religious dogma, but as a guide to making choices based on intelligence and reason. New awareness almost always creates more questions to answers than answers to questions. It is this mode of thinking that allows for scientific progress. In principle, a democratic process allows and encourages all questions and points of view, even those, which challenge the principles of democracy, although this is the ideal more often than the reality. When the ideal is the reality, the process remains dynamic. In a dogmatic regime, the process becomes static, even in a supposedly democratic regime. The truth has been declared and no other point of view will shake it or change it. Asif J. Mir, Organizational Transformation