Contemporary Debates On Renewal Of Islamic Legal Theory (Tajdīd Uṣūl Al-Fiqh)

This article examines Aḥmed al-Raysūnī’s (b. 1953) contributions to the renewal (tajdīd) of Islamic legal theory (uṣūl al-fiqh) in his work, al-Tajdīd al-Uṣūlī. It engages with the broader debate on the reform of legal theory, in which al-Raysūnī proposes incorporation of new, beneficial elements and refinement of established principles. Unlike some modern scholars who remain confined to imitation (taqlīd) without offering substantive innovation or, conversely, seek to dismantle the entire edifice of Islamic law under the pretext of renewal, al-Raysūnī advances a balanced reform agenda rooted in constructive critique. His vision of renewal is articulated in four principal areas: (1) relaxing the stringent conditions of legal reasoning (ijtihād), (2) applying the framework of objectives of Islamic law (maqāṣid al-sharī’ah) within legal reasoning, (3) developing jurisprudence of contemporary realities (fiqh al-wāqi’), and (4) promoting the institutionalisation of collective legal reasoning (ijtihād jamā’ī). To examine his views in these four areas, the article employs a textual approach, analysing al-Raysūnī’s writings alongside relevant secondary literature. Overall, al-Raysūnī occupies a centrist (wasaṭī)-modernist position, as reflected in his projects focused on the methodology of legal reasoning. He rejects blind adherence to imitation and radical efforts to overhaul Islamic law in the name of renewal. For him, the principles and methodologies of legal theory must be revised selectively while remaining grounded in their foundational sources, allowing the tradition to stay faithful to its roots and responsive to the needs of the modern era

Constructive · Imitation · Institutionalisation · Islam · Jurisprudence · Legal formalism · Legal realism · Philosophy of law · Pretext · Islamic Finance and Banking Studies · Islamic Studies and History · Linguistic, Cultural, and Literary Studies