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

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.

Evolution of the Islamic Judicial System: Justice and Principles in the Governance of Caliph Umar Bin Khattab

“…Legal sources during this period included the Quran, Sunnah, Ijtihad, Ijma', Qiyas, and judicial decisions made by the companions. Legal sources during this period included the Quran, Sunnah, Ijtihad, Ijma', Qiyas, and judicial decisions made by the companions (Purkon, 2022). Abundant accounts and guidance from the time of the Khulafaurrasyidin provide practical insights.…”

Islamic Law Perspective in Viewing the Implementation of Friday Prayer in the Workplace or Not a Mosque When the COVID-19 Pandemic Happened

“…And the ijma' that can be accounted for is what happened at the time of the companions, the tabi'in (after the companions), and the tabi'ut tabi'in (after the tabi'in). Because after their time, the scholars have dispersed, and there are many, and the disputes are increasing, so it is not certain that all the scholars have agreed (Purkon, 2022). d. Qiyas…”

Improving Thinking Skills Through Usul Al-Fiqh Learning: An Action Research on Prospective Islamic Religious Education Teachers

“…One of these Islamic disciplines is usul al-fiqh (Çeliktaş, 2019). Having competence in usul fiqh is significant as it provides a methodology for interpreting instructional materials and a framework for scientific problem-solving in the area of Islamic law (Lohlker, 2021;Purkon, 2022). However, in practice, Usul Fiqh learning process is typically expository, teacher-centered, and employs the classical lecture approach, which is similar to the learning process in many Islamic boarding schools in Indonesia (Alkouatli, 2018;Wang, 2022).…”