The Idea
Arkoun criticizes jurists for conflating Sharia and fiqh, because for him Sharia belongs to the divine sphere, whereas fiqh is a human activity of understanding and derivation. This distinction prevents juristic ijtihads from being turned into a sacred truth that admits no debate. The problem, then, is not the existence of fiqh, but its elevation to the level of Sharia itself, as though it were religion in its final form.
Concise Formulation
The jurists: conflate Sharia and fiqh
Its Place in the Book’s Argument
This claim occupies a decisive place in the book because it reveals one of the mechanisms of sacralization within religious thought. If what is divine is mixed with what is human, critique is disabled and history begins to appear beyond question. Hence, separating Sharia from fiqh opens the door to a more precise reading of the course of legislation and its transformations.
Why It Matters
The importance of this idea lies in the fact that it protects the religious sphere from claims of total permanence. It is central to understanding Arkoun because he emphasizes that much of what is presented as a final ruling is in fact the product of human ijtihad. In this way, thinking about the heritage becomes possible without denying its sanctity or erasing the humanity of those who worked on it.
Brief Evidence
“[He] criticizes the jurists’ conflation of divine Sharia with fiqh as a human construction.” This criticism rests on distinguishing Sharia, which is attributed to the divine sphere, from fiqh, understood as a human effort in understanding and derivation. Accordingly, juristic ijtihads must not be raised to a sacred rank that admits no debate. For Arkoun, the problem is not fiqh itself, but turning it into a substitute for Sharia.
Reading Questions
- What difference does the distinction between Sharia and fiqh make in understanding the Islamic heritage?
- Why does Arkoun regard this conflation as an obstacle to critique and understanding?
Degree of Documentation
High: the claim appears in a clear passage of the book’s material.