This thesis examines Muhammad 'Abduh's ideas on Islamic Law, and the extent to which his writings influenced subsequent Muslim reformers in the sphere of law. The study focuses on 'Abduh's views on ijtihad and its application in modern society. / The principle of ijtihad, as practised by 'Abduh, was not dependent upon the opinions of previous scholars. A leading reformer of Islamic law (1849-1905), 'Abduh rejected taqlid which in nineteenth century Egypt was the rule of the day. Scholars in his day adhered to the books of their respective madhhabs to the extent of choosing to ignore the main sources of Islamic law, viz. the Qur'an and Hadith. For this reason, 'Abduh did not follow any particular madhhab in his ijtihad, but chose to be guided by whichever school of law he believed was best fit to deal with a particular contemporary problem. This practice has come to be known as talfiq. His use of it was the beginning of legal reform in Islamic law. / To facilitate legal reform, 'Abduh employed the Islamic legal principle of al-maslahah al-mursalah. This principle was an application of ijtihad which he invoked in order to deal with issues such as polygamy and bank interest. 'Abduh's fatwas were based on the sources of Islamic law, i.e. the Qur'an and the Hadith. Although his main concern was to rehabilitate the use of reason in law, he never strayed far from the traditional sources.

This thesis examines the views held by Muh&dotbelow;yi al-Din Ibn al-`Arabi on shari`ah, based for the most part on his magnum opus, al-Futuh&dotbelow;at al-Makkiyyah. It explores his attitude towards the shari`ah as practical religious law and his teachings concerning its sources and interpretation. Despite being misunderstood on account of his s&dotbelow;ufi background and his well-known criticism of the fuqaha' Ibn al-`Arabi's teaching, in fact, advocated a strict and consistent orientation to the shari`ah. This thesis shows how, on the one hand, his criticism of the jurists was due to their inability to achieve the high standards that he set for interpreting the law, and how, on the other, his s&dotbelow;ufi beliefs complemented, rather than weakened, the foundations of the shari`ah. It is clear that the principle underlying his approach to the shari`ah's application was his belief in its being a manifestation of God's mercy. He demonstrates this by pointing to the direct sources of God's law, accepting differences in legal opinion and seeking as much as possible the deeper spiritual and universal meaning of God's intentions in the law.

This paper studies the trends in the interpretation of Islamic Law in India with particular reference to the Fatawa literature of Deoband. It relates mainly to two important concepts in the interpretation of Islamic law: bid'ah and ijtihad. The introduction gives the historical background of the fatawa literature and analyzes the concepts of bid'ah and ijtihad, postulating working definitions for these concepts. The first chapter summarizes and the second analyses the arguments in the relevant fatawa. The study concludes that the relevant inventions and new social practices were not considered bid'ah and that the reasoning in these fatawa was based on analogies made to similar previous cases in fiqh literature. Such interpretations adhered strictly to the letter of the law.

Having been influenced by the Muslim reformist ideas championed by Muhammad 'Abduh and his colleagues, Hamka attempted to disseminate and ameliorate the reform ideas in his country, Indonesia, through the means available to him; that is by preaching and writing. He was among the most prolific contemporary authors, having written 113 books including his monumental Tafsir al-Azhar. In this commentary, Hamka has probably included the sum of his ideas particularly those pertaining to religious aspects. With regards to the religious aspects, he mostly discusses the problems of theology, sufism and law. Hamka's conception of the law portrays his challenge and struggle towards the abolishment of taqlid (uncritical acceptance of the decisions made by the predecessors) and the implementation of ijtihad (personal opinion). In addition, his legal comments and interpretations are quite different from many of the comments made by sectarian commentators, who saw in tafsir a forum for defending their schools of thought. However, Hamka steered away from any school of thought and tried to be as objective as possible in his work, an attempt reflected in his method of interpreting the problematic legal verses. Moreover, he did not limit himself to a single method of interpretation. On the contrary, he availed himself of both the tafsir bi al-ma'thur method (interpretation derived from the Prophet, the Companions and the Successors) and the tafsir bi al-ra'y method (interpretation based on reason).

LL.M.

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Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished