Watanic jurisprudence as a universal legal methodology: continuum–dichotomy analysis for constitutional interpretation and epistemic order

Wan Husain, Wan Ahmad Fauzi (2025) Watanic jurisprudence as a universal legal methodology: continuum–dichotomy analysis for constitutional interpretation and epistemic order. BITARA International Journal of Civilizational Studies and Human Sciences, 8 (4). pp. 332-343. E-ISSN 2600-9080

PDF - Published Version Restricted to Repository staff only Download (349kB) | Request a copy

Abstract

The growing detachment of law from its ethical and metaphysical foundations has renewed the search for a jurisprudential approach that restores coherence to constitutional interpretation. This article demonstrates that Watanic jurisprudence provides a credible, coherent, and universally applicable legal methodology through its continuum–dichotomy analytical framework. By distinguishing between transcendent legal continuities and dichotomous constructs shaped by human agency, it grounds legal reasoning within its proper historical, linguistic, and civilisational context (watan). Central to this methodology is the recognition that local circumstances, customs, and historical experiences form the fundamental norms of a society and must therefore inform how constitutional texts are interpreted and applied. Watanic jurisprudence affirms that every constitution reflects the will of a supreme authority—whether divine, monarchical, or popular—and must be analysed within the moral and epistemic universe that produced it. A key contribution of Watanic jurisprudence is its capacity to prevent epistemic fragmentation, a condition that emerges when law is detached from religious or metaphysical purpose. Such separation often leads to moral relativism and intellectual disorder as legal systems drift from their foundational ethical anchors. By reintegrating transcendent principles, local moral responsibilities, and societal norms into constitutional interpretation, Watanic jurisprudence offers a balanced framework compatible with universal legal standards. It enhances doctrinal coherence, strengthens comparative constitutional analysis, and provides a spiritually grounded yet context-sensitive methodology for addressing contemporary legal and governance challenges

Item Type:	Article (Journal)
Uncontrolled Keywords:	Watanic jurisprudence, Tawhidic epistemology, continuum–dichotomy framework, constitutional interpretation, legal methodology
Subjects:	K Law > K100 Legal Education K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	International Institute of Islamic Thought and Civilization (ISTAC)
Depositing User:	Datuk Dr Wan Ahmad Fauzi Hashim @ Wan Husain
Date Deposited:	11 Nov 2025 17:19
Last Modified:	11 Nov 2025 17:19
URI:	http://irep.iium.edu.my/id/eprint/124325

Actions (login required)

View Item