IKHTILAF AL-FUQAHA AND ITS IMPORTANCE IN LEGAL PLURALISM: AN ANALYSIS IN THE LIGHT OF SEERAH
Keywords:
Adab al-Ikhtilaf, Islamic jurisprudence & Madhhab, Legal pluralism, Fuqaha & Usul al-Fiqh, SeerahAbstract
This paper discusses the phenomenon of Ikhtilaf al-Fuqaha (juristic disagreement) in Islamic jurisprudence and its contributory role to legal pluralism in the Islamic legal tradition. As opposed to the contemporary view that sees disagreement as an indication of fragmentation, Ikhtilaf between jurists has traditionally enriched the dynamism, richness, and versatility of Islamic law. By placing this phenomenon within the context of the Seerah (Prophetic biography), the paper analyzes how the Prophet Muhammad (MAY ALLAH BLESS & PEACE BE UPON HIM) promoted dialogue, tolerated reasonable differences of opinion, and cultivated a culture of respectful intellectual pluralism among his followers. With reference to classical jurisprudential texts, recent scholarship, and some case studies in early Islamic society, this paper contends that Ikhtilaf is not only unavoidable but also essential for legal pluralism. The study continues to examine the mechanisms that the classical jurists evolved to handle disagreement and how these mechanisms can be applied to modern Muslim communities coping with modern legal and moral problems. The study concludes by calling for the renewal of adab al-Ikhtilaf (ethics of disagreement) today and providing pragmatic measures to institutionalize this tradition in plural legal systems.
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This work is licensed under a Creative Commons Attribution 4.0 International License.
