Wahhābī Legal Theory as Reflected in Modern Official Saudi Fatwās

Ijtihād, Taqlīd, Sources, and Methodology

Bibliographic Data

ID12192593
AuthorsMuhammad Al-Atawneh (1Department of Middle East Studies, Ben-Gurion University of the Negev, P.O. Box 15110, Beer Sheva, 84120, Israel, corresponding author)
Year2011
Volume18
Issue3-4
Pages327-355
Publication date2011-01-01
Open AccessNo
TypeARTICLE
VenueIslamic Law and Society (JOURNAL)
Journal identifiersISSN: 0928-9380 • E-ISSN: 1568-5195
PublisherBrill (PUBLISHER • NL)
DOI10.1163/156851910x537810
OpenAlexW2053284123
LanguageEN
Citations received3

The purpose of this essay is to open a window into Wahhābī legal theory as reflected in modern-day official Saudi fatwā s. Discussion includes ijtihād , taqlīd , madhhab affiliation, sources and methodology. Emphasis is placed on continuity and change in light of the country's official school of law, the Hanbalī madhhab . I show that, in principle, modern-day Wahhābīs remain faithful to the tenets of Hanbalism by privileging adherence to the text and to transmitted tradition ( naql ) over reason ( 'aql ). It is evident, however, that Wahhābīs now go beyond Hanbalism, drawing their legal inspiration not only from their Hanbalī intellectual forebears, but also from a wide array of non-Hanbalī traditions and scholars. Moreover, Wahhābī legal theory today breaks from classical Hanbalī legal epistemology as presented by Ibn Taymiyya (d. 1328) and his disciples. This is manifested especially in: (1) limiting the practice of ijtihād to qualified scholars; (2) endorsing taqlīd for those unqualified to investigate the sacred texts; and (3) identifying public interest ( maslaha ) in accordance with the five objectives ( maqāsid ) of the Sharī'a

Epistemology · Limiting · Political science · Sociology · Window (computing · Computer Science · Education and Islamic Studies · Engineering · Islamic Finance and Banking Studies · Islamic Studies and History · Law · Philosophy

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