Islamic Jurisprudence, Islamic Law, and Modernity

Thomas Kuhn’s concept of the “paradigm shift” in scientific revolutions provides a compelling framework for understanding the role of taqlīd in Islamic law. Just as Kuhn argued that scientific progress occurs through shifts between dominant paradigms rather than through a linear accumulation of knowledge, Mohammad H. Fadel suggests that taqlīd serves as a stabilizing force within Islamic jurisprudence, ensuring continuity amid evolving legal interpretations. While often viewed as an impediment to legal innovation, taqlīd, in Fadel’s analysis, functions as an institutional mechanism that enables both preservation and controlled adaptation of Islamic law over time. This review examines Fadel’s contributions to the discourse on taqlīd, highlighting its social logic, epistemological foundations, and implications for modern Islamic legal reform.

Authors

Publication Details

Journal
American Journal of Islam and Society
Published
2025-11-10
DOI
https://doi.org/10.35632/ajis.v42i3-4.3758
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Islamic Jurisprudence, Islamic Law, and Modernity

Mohammed Eriouiche
American Journal of Islam and Society
Islamic Finance and Banking Studies
article

Islamic Jurisprudence, Islamic Law, and Modernity

Mohammed Eriouiche
article en

Abstract

Thomas Kuhn’s concept of the “paradigm shift” in scientific revolutions provides a compelling framework for understanding the role of taqlīd in Islamic law. Just as Kuhn argued that scientific progress occurs through shifts between dominant paradigms rather than through a linear accumulation of knowledge, Mohammad H. Fadel suggests that taqlīd serves as a stabilizing force within Islamic jurisprudence, ensuring continuity amid evolving legal interpretations. While often viewed as an impediment to legal innovation, taqlīd, in Fadel’s analysis, functions as an institutional mechanism that enables both preservation and controlled adaptation of Islamic law over time. This review examines Fadel’s contributions to the discourse on taqlīd, highlighting its social logic, epistemological foundations, and implications for modern Islamic legal reform.

American Journal of Islam and SocietyVol. 42(3-4)
Openalex Percentile: Top 52%
Islamic Finance and Banking Studies
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