Original Research: Historical Thought and Source Interpretation

Rethinking of contemporary Islamic law methodology: Critical study of Muhammad Shahrūr’s thinking on Islamic law sources

Arip Purkon
HTS Teologiese Studies / Theological Studies | Vol 78, No 4 | a7152 | DOI: https://doi.org/10.4102/hts.v78i4.7152 | © 2022 Arip Purkon | This work is licensed under CC Attribution 4.0
Submitted: 22 September 2021 | Published: 16 March 2022

About the author(s)

Arip Purkon, Department of Family Law, Faculty of Sharia and Law, Syarif Hidayatullah State Islamic University, Jakarta, Indonesia

Abstract

This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr’s thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of ‘ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr’s thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using ‘ulamā’s methodology. This research study used an Islamic law methodology (uṣūl al-fiqh) approach. This study concluded that the Shaḥrūr’s thinking in understanding the sources of contemporary Islamic law is not comprehensive and less of combination among sources and propositions used by ‘ulamā. Etymology understanding is most dominant in his methodology. In addition, there are some misunderstandings on Islamic law concepts raised by ‘ulamā.

Contribution: This research enriched the study of contemporary Islamic law in responding to challenges of different times. Shaḥrūr offered a new paradigm that in al-Quran, the laws have certain limits and they should not be violated. The sunnah was divided into two parts, the changing and the unchanging. Qiyas is an analogy with the problems that happen now with those that happened in the past. And ijma is an agreement from people who have authority in certain matters.


Keywords

Ijtihad; Qirāat; al-Quran; Sunnah; Ijma; Qiyas; al-Kitāb; al-Nubuwwah; al-Risālah

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Crossref Citations

1. Theological belief towards Islamic spiritual belief: Evidence from South Sulawesi, Indonesia
Ruslan Ruslan, Muhammad A. Burga, Muli U. Noer
HTS Teologiese Studies / Theological Studies  vol: 78  issue: 4  year: 2022  
doi: 10.4102/hts.v78i4.8009