Islah al-Faqih Fusul fi al-Islah al-Fiqhi
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Islah al-Faqih: Fusul fi al-Islah al-Fiqhi (Reforming the Jurist: Chapters on Jurisprudential Reform) is a contemporary treatise on Islamic legal reform and jurisprudence by Haytham bin Fahd al-Rumi . The book examines the nature of legal revival (tajdid), the qualification and societal role of the jurist (faqih), and the methodologies required for reforming legal education and literature within the framework of traditional Islamic jurisprudence .
Background and Purpose
Al-Rumi addresses contemporary discourses surrounding the renewal of Islamic jurisprudence, arguing that true reform must stem from adherence to the discipline's internal principles and established methodology rather than the uncritical borrowing of external paradigms or the disregard of traditional jurisprudence . He critiques the involvement of non-specialists in legal discourse who introduce foreign concepts and label them as reform, warning against distorting the structural coherence of Sharia under the pretext of modernization .
The author explains his choice of the term "reform" (islah) as reflecting the necessary alignment between reforming jurisprudence and reforming society, emphasizing that the revival of the Muslim community depends fundamentally on reforming the jurist who exercises this renewal . He notes that the work does not intend to formulate an exhaustive reform program—a task he considers requiring collective scholarly efforts—but rather aims to highlight primary methodological priorities .
Structure and Contents
The work is organized into an introductory prologue, four core chapters, and a conclusion :
- Prologue (Tamhid): Titled "Are We Living in a Fiqh Renaissance?" (Hal Na'ish Nahdah Fiqhiyyah?), it reviews modern introductory works on the history of fiqh—such as those by Muhammad al-Khudari and Muhammad ibn al-Hasan al-Hajwi—and evaluates whether contemporary phenomena (such as collective ijtihad, fiqh academies, and university faculties) constitute a genuine legal renaissance or an ongoing extension of past stagnation .
- Chapter 1 (Mawqi' al-Fiqh fi Khittat al-Islah): Explores the central position of Islamic jurisprudence within broader civilizational reform, demonstrating the historical and societal impact of fiqh and legal scholars on governance, civilization, and intellectual life .
- Chapter 2 (Sina'at al-Fiqh wa-Waza'if al-Faqih): Details the definition of fiqh, the nature of jurisprudential craft, and the jurist's primary duties in public and private life, including preaching, legal verdict (fatwa), and judicial adjudication .
- Chapter 3 ('Alaqat al-Faqih): Analyzes the dynamics between the jurist and various segments of society, categorized into relations with the political elite, the cultural elite (intellectuals), and the broader public .
- Chapter 4 (Ta'hil al-Faqih al-Muslih): Proposes pathways for training reforming jurists, focusing on the reform of jurisprudential education and pedagogical literature, while examining the nature of legal schools (madhahib) and their role in cultivating juristic competence .
- Conclusion (Khatima): Summarizes the study’s core thesis, framing the reform of the jurist as a communal obligation (fard kifayah) essential for shielding the community against erroneous legal opinions and ensuring authentic societal revival .
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