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.