Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Western scholars on the role of the ʿUlamaʾ in adapting the ShariʿA to modernity: A critical review

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Several Western scholars have in recent years written on the impact of modernization on transformations in the religio-legal, social and economic status of the ʿulamaʾ. This chapter focuses on one aspect of the ʿulamaʾ s intellectual activity-namely, their attempts (as well as those of other intellectuals) to formulate an alternative Islamic legal theory that addresses, more adequately than did the old usul al-fiqh, the challenges of modernity in general and the most significant challenge to legal orthodoxy, statutory codification, in particular. Among the Middle Eastern nation-states (excluding Turkey, which is a secular state), one can discern three legal models. An innovative attempt to derive the general principles of the shariʿa from the classical sources has been conducted since the 1990s by the Egyptian Supreme Constitutional Court (SCC).

Keywords: ʿulamaʾ; shariʿa



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Guardians of Faith in Modern Times: ʿUlamaʾ in the Middle East — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation