Jurisprudential discourse: between the necessity of understanding and the horizons of interpretation

Abstract

The discourse of Islamic jurisprudence (al-Fiqhī Discourse) is characterized by evolution and renewal. This is encapsulated in the ancient adage that it is one of the sciences that has "matured but not been burnt" (نضجت ولم تحترق). This "maturity" signifies the multiplicity of intellectual paths (masālik) adopted by jurists (fuqahā’) as they transitioned from one phase to another in their comprehension of the sacred text (al-Naṣṣ) and their efforts (ijtihād) to interpret its intended meaning based on individual understanding. The condition of "not being burnt" reflects the diverse and simultaneous variety (ta‘addud wa tanawwu‘) inherent in these jurisprudential efforts and interpretations (fuhūm). Consequently, it is imperative that the Fiqhī discourse continues its evolutionary trajectory, drawing strength from this inherent diversity and variety.

This opens the door for hermeneutic interpretation (al-ta’wīl) within this fertile domain, which continually accommodates the requirements of life (muṭallabāt al-ḥayāh) from one era to the next and responds to contemporary developments (mustajaddāt al-‘aṣr). If the Fiqhī discourse were to lose the advantage of interpretive consideration (al-naẓar) and interpretation based on ever-changing circumstances and situations, it would consequently fall behind in keeping pace with both religion (al-Dīn) and life.

However, we must ask: Which text are we discussing? Which interpretation do we mean? The first answer directs us toward the Sacred Texts (al-Nuṣūṣ al-Shar‘iyyah) and the discourses that adapt and conform to societal renewal. There are immutable constants (thawābit) that serve as the foundations upon which the edifice is built, and there are branching subsidiaries (furū‘ mutashabbi‘ah) that navigate people's lives and address their needs. This adaptability can only be achieved through sound comprehension via positive interpretation that aligns with civilization (ḥaḍārah), guarantees the continuity of the law of development (sunnat al-taṭawwur), and keeps abreast of new realities, thereby preventing religion from becoming a cause for societal backwardness. The guarantor of this alignment is the jurisprudential renewal (al-tajdīd al-Fiqhī) founded upon sound interpretation and the recognition of the necessary stages of development.

This renewal represents a crucial stage in the re-reading and re-comprehension of religious discourse. It necessitates deep consideration of various intellectual trends and their divergent conceptual loads (ḥumūlāt mutabāyinah), and their reformulation to suit the immediate, factual reality of people's lives. This allows individuals to find their path and live their lives in the discourse's embrace.

Furthermore, grappling with the problematic of the discourse’s significance (ishkāliyyat dalālat al-khiṭāb) requires confronting its historical, cultural, and social ramifications (ifrāzāt). This is essential to break free from the cycle of unquestioning reverence or degradation-a cycle based on tradition and following (taqlīd wa ittibā‘) rather than on profound understanding and intellectual expansion (fahm wa ittisa‘). The aim is to fully realize the inherent scientific and civilizational dimensions of the discourse, which are necessarily intended by religion. This process establishes the correct approach to interpretation that elevates the discourse without monopolizing it, and deconstructs it without sealing its avenues.

Within this framework, our current paper seeks to highlight the critical importance of understanding religious discourse and its sound interpretation in a renewal-oriented context. This renewal enables the discourse to keep pace with life and the demands and developments of the contemporary era-a necessary endeavor if society is to align with the law of evolution and renewal evident in all facets of modern life