Therefore jurisprudence today must follow the same course...
Therefore jurisprudence today must follow the same course that it did follow during the time of the past scholars, when it showed reaction to every event and every condition of life. As rules relating to every situation that existed at that time were deduced from religion, the scholars of our time also must study the problems of today topically and deduce rules relating to them from the general principles of Islam so that jurisprudence may expand horizontally to the required degree.
Vertically also the same topical style of jurisprudence should be pursued so that juristic research may effectively expand. In other words it is essential that juristic question are deeply studied vertically and basic principles of jurisprudence are discovered. Tall buildings must be erected on juristic foundations.
Elaborate laws should be framed reflecting the Islamic point of view, for as we know, every set of Islamic laws concerning every field of life is linked with basic principles ensuring human development in the field of Islamic legislation. We find this principle clearly reflected in Islamic economy and the Islamic laws concerning marriage and divorce. For example, see the rules of Islamic law in respect of marriage and conjugal relations.
They are linked with the role of man and woman in life as determined by Islam. Islamic views in this respect are basis and fundamental. On them the whole structure of the relevant law is based. It will be wrong to suppose that the rules of law are incoherent ideas of jurisprudence. They are not a literary miscellany. They should be regarded as a natural need and as far as humanly possible effort should be made to unravel their underlying idea and their rationale.
Need of Topical Exegesis Now we revert to the points of difference between topical exegesis and split exegesis. We have already given some reasons why topical exegesis is preferable. As we have pointed out, the field of topical exegesis is vaster and more fruitful. It is more advanced than split exegesis. It can continuously make progress and make new discoveries, for this type of exegesis is based on human experience and as human experience advances, it becomes more fruitful.
In topical exegesis the accuracy of the data provided by human experience is checked against the Qur'an. That is the only way that enables us to find out the basic views of the Qur'an and Islam in regard to different subjects of life.