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Reclaiming Justice: Why Islamic Jurisprudence Must Evolve in the Digital Age

  • Writer: Faskh Divorce
    Faskh Divorce
  • Feb 14, 2025
  • 3 min read

For over a millennium, Islamic jurisprudence (fiqh) has served as a divinely inspired framework to administer justice, protect the vulnerable, and uphold the sanctity of the social contract. But in today’s digital world—where tools of justice are more accessible than ever—we find ourselves hindered not by divine law, but by institutional inertia.


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How We Got Here: From Decentralized Wisdom to Bureaucratic Bottlenecks

After the Major Occultation of the 12th Imam in 941 CE, Shi’a communities began to rely on scholars as guides in religious matters. By the 19th century, a new class emerged: the marājiʿ al-taqlīd—supreme religious authorities whose legal opinions were followed by millions. Shaykh Murtaḍā al-Anṣārī was the first such marjaʿ in the modern sense, a man known not for self-promotion but for deep learning and moral humility.

But let’s be honest: this structure was a 19th-century solution to a post-Occultation vacuum. It was never revealed, and it was never infallible.


The Modern Bottleneck: Justice Delayed, Justice Denied

Today, the formal religious establishment:

  • Collects hundreds of millions in khums and donations annually,

  • Maintains vast clerical networks and institutions,

  • Yet fails to create the most basic digital systems to serve the needs of the global Shi’a population.

Women seeking faskh divorces due to abandonment, abuse, or moral failure are often ignored, stonewalled, or redirected in circles. There is:

  • No centralized online intake process.

  • No transparent appeals system.

  • No searchable fatwa database with authenticated, practical guidance.

  • No urgency in protecting the rights of those most harmed.

Instead, we are told to wait—for a wakīl to answer the phone, for someone to physically deliver papers to Najaf, or for a marjaʿ’s office to “review the case” over the course of months or years.

This is not Shari‘a. This is stagnation.


The Moral Question: Where is the Khums Going?

When hundreds of millions in religious dues are collected annually, but:

  • There is no tech infrastructure for justice,

  • No digital platforms for women in crisis,

  • No investment in tools that democratize access to fatwa and fiqh,

—we must ask: What are our priorities?

The funds of the faithful were meant to uplift the oppressed, not entrench clerical convenience.

Khums is not a blank check for marble seminaries and satellite TV networks. It is a trust. And we are now witnessing its misplacement.


The Case for Digital Ijtihād

In today’s world:

  • Hadith can be graded and cross-referenced instantly,

  • Testimony can be recorded and verified securely,

  • Workflow systems can ensure compliance, traceability, and integrity.

If a just, learned believer creates a platform grounded in:

  • Authentic ṣaḥīḥ narrations,

  • Valid fiqh methodology,

  • Transparent ethical review,

…then that system is not a “parallel authority”—it is a return to the true purpose of Islamic law: serving the people, protecting the oppressed, and applying divine principles with wisdom.


It’s Not Rebellion. It’s Revival.

The marjaʿiyya is not being opposed. It is being held to account.

We are not bypassing divine law—we are building a bridge back to its soul, using the tools our time has gifted us.

We cannot allow religious authority to become a wall between the people and justice. The 12th Imam’s occultation was not meant to be a license for silence.


Conclusion: The Future Is Ethical, Accessible, and Faithful

Islam’s survival has always depended on the brave—those who applied the Qur’an and Sunnah not just in form, but in spirit. If the formal clergy continues to ignore the digital transformation, others will—and must—step up.

Because justice in Islam is not delayed. It is delivered. And it is delivered by those who fear God, understand His law, and have the courage to act when others remain still.

 
 
 

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