Facts, Values, and Institutions

Since the 1990s, an increasingly diverse set of Muslim scholars and institutions has called for the integration of social science into the system of Islamic normativity. This article explores some historical and conceptual issues raised by this call. It approaches the issue through an examination o...

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Autor principal: Alexandre Caeiro
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Publicado: International Institute of Islamic Thought 2017
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Acceso en línea:https://doaj.org/article/99926b24e0424e8ba1825694c1fffb40
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spelling oai:doaj.org-article:99926b24e0424e8ba1825694c1fffb402021-12-02T17:28:26ZFacts, Values, and Institutions10.35632/ajis.v34i2.7672690-37332690-3741https://doaj.org/article/99926b24e0424e8ba1825694c1fffb402017-04-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/767https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 Since the 1990s, an increasingly diverse set of Muslim scholars and institutions has called for the integration of social science into the system of Islamic normativity. This article explores some historical and conceptual issues raised by this call. It approaches the issue through an examination of one of its central concepts: the notion of fiqh al-wāqi‘ (the fiqh of reality or realistic fiqh). The article traces this concept’s distinctively modern history, situating it in the context of various projects of religious reform and in relation to specific anxieties regarding the nature of modern law. Taking a set of controversies related to Yusuf al-Qaradawi’s fatwas on Muslim minorities as a case-study, it then argues that the concept of a “realistic fiqh” renders visible not only the difficulties that social scientific inquiry presents to the hermeneutical commitments of the Islamic legal tradition, but also the challenges that the layered structure of reality in the Islamic tradition poses to the sociological imagination. In conclusion, this paper briefly addresses two implications of the Islamic legal debates discussed previously: the question of the political and the limits of methodological individualism. It also suggests that contemporary Islamic legal scholars who struggle with these questions may be laying the ground for the development of a critical Islamic jurisprudence centrally concerned with the articulation of facts, values, and institutions. Alexandre CaeiroInternational Institute of Islamic ThoughtarticleIslamBP1-253ENAmerican Journal of Islam and Society, Vol 34, Iss 2 (2017)
institution DOAJ
collection DOAJ
language EN
topic Islam
BP1-253
spellingShingle Islam
BP1-253
Alexandre Caeiro
Facts, Values, and Institutions
description Since the 1990s, an increasingly diverse set of Muslim scholars and institutions has called for the integration of social science into the system of Islamic normativity. This article explores some historical and conceptual issues raised by this call. It approaches the issue through an examination of one of its central concepts: the notion of fiqh al-wāqi‘ (the fiqh of reality or realistic fiqh). The article traces this concept’s distinctively modern history, situating it in the context of various projects of religious reform and in relation to specific anxieties regarding the nature of modern law. Taking a set of controversies related to Yusuf al-Qaradawi’s fatwas on Muslim minorities as a case-study, it then argues that the concept of a “realistic fiqh” renders visible not only the difficulties that social scientific inquiry presents to the hermeneutical commitments of the Islamic legal tradition, but also the challenges that the layered structure of reality in the Islamic tradition poses to the sociological imagination. In conclusion, this paper briefly addresses two implications of the Islamic legal debates discussed previously: the question of the political and the limits of methodological individualism. It also suggests that contemporary Islamic legal scholars who struggle with these questions may be laying the ground for the development of a critical Islamic jurisprudence centrally concerned with the articulation of facts, values, and institutions.
format article
author Alexandre Caeiro
author_facet Alexandre Caeiro
author_sort Alexandre Caeiro
title Facts, Values, and Institutions
title_short Facts, Values, and Institutions
title_full Facts, Values, and Institutions
title_fullStr Facts, Values, and Institutions
title_full_unstemmed Facts, Values, and Institutions
title_sort facts, values, and institutions
publisher International Institute of Islamic Thought
publishDate 2017
url https://doaj.org/article/99926b24e0424e8ba1825694c1fffb40
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