{"title":"Islamic Legal Reform or Re-formation? The Transmutations of Critique in Rumee Ahmed’s Sharia Compliant: A User’s Guide to Hacking Islamic Law","authors":"Rami Koujah","doi":"10.1163/15685195-28030001","DOIUrl":null,"url":null,"abstract":"\nTo say that the issue of Islamic legal reform is on the minds of most scholars and students (Muslim or otherwise) of Islamic law is hardly an exaggeration. But what does reform look like? Rumee Ahmed engages the issue in his recent book, Sharia Compliant: A User’s Guide to Hacking Islamic Law. Intended for a broad audience and aimed at catalyzing legal change from the bottom up, Sharia Compliant attempts to demystify Islamic jurisprudence and provide a blueprint for lawmaking, or “hacking” Islamic law, through reverse-engineering. In the process of his critique of Islamic law, Ahmed revises its history and method. This review argues that in lieu of reform, Ahmed argues for re-forming Islamic law. The hyphen is meant to indicate that Ahmed’s proposal amounts to a transmutation of fiqh and uṣūl al-fiqh: Islamic law is not interpreted, but arbitrarily willed; its sources (the Qur’an and Sunna), ornaments of this will, are instrumentalized to serve any desired end. In the end, Ahmed’s re-formed system undermines his hope for a democratic process of lawmaking.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Islamic Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15685195-28030001","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 0
Abstract
To say that the issue of Islamic legal reform is on the minds of most scholars and students (Muslim or otherwise) of Islamic law is hardly an exaggeration. But what does reform look like? Rumee Ahmed engages the issue in his recent book, Sharia Compliant: A User’s Guide to Hacking Islamic Law. Intended for a broad audience and aimed at catalyzing legal change from the bottom up, Sharia Compliant attempts to demystify Islamic jurisprudence and provide a blueprint for lawmaking, or “hacking” Islamic law, through reverse-engineering. In the process of his critique of Islamic law, Ahmed revises its history and method. This review argues that in lieu of reform, Ahmed argues for re-forming Islamic law. The hyphen is meant to indicate that Ahmed’s proposal amounts to a transmutation of fiqh and uṣūl al-fiqh: Islamic law is not interpreted, but arbitrarily willed; its sources (the Qur’an and Sunna), ornaments of this will, are instrumentalized to serve any desired end. In the end, Ahmed’s re-formed system undermines his hope for a democratic process of lawmaking.
期刊介绍:
Islamic Law and Society provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Celebrating its sixteenth birthday in 2009, Islamic Law and Society has established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. Islamic Law and Society encourages discussion on all branches of Islamic law, with a view to promoting an understanding of Islamic law, in both theory and practice, from its emergence until modern times and from juridical, historical and social-scientific perspectives. Islamic Law and Society offers you an easy way to stay on top of your discipline.