Bakour Mohamad, Bachar
(2025)
Exploring sharī‘ah, fiqh, and the legacy of ijtihād.
In:
Ethics and Fiqh of Contemporary Issues.
IIUM Press.
Abstract
In the rich domain of Islamic legal tradition, two fundamental concepts stand as pillars: Sharī‘ah and Fiqh. These concepts not only encapsulate the ethical and moral principles governing Muslim life but also provide a framework for understanding and navigating the complexities of Islamic law. Central to this framework is the concept of ijtihād, the process of independent legal reasoning, which has been instrumental in adapting Islamic jurisprudence to the ever-changing contexts of time and place. This chapter briefly presents the history and intricate dynamics of Sharī‘ah and Fiqh, exploring their foundational principles, significance, and interplay. Then, it looks into the nuanced process of ijtihād, examining its methodologies and tools that have been employed by scholars across centuries to interpret and apply Islamic law in diverse contexts. Furthermore, this exploration extends to the historical evolution of the four major schools of Islamic jurisprudence: Hanafī, Mālikī, Shāfiʿī, and Hanbalī, tracing the development of these schools, from their origins in the early centuries of Islam to their establishment as distinct legal traditions, each with its own methodologies, principles, and interpretations. This provides basic understanding of the multifaceted nature of Islamic law and the enduring legacy of scholarly engagement with its principles.
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