Islamic Law

Abstract

If Michael Mumisa's goal in his monograph Islamic Law: Theory & Interpretation is to reacquaint the relatively advanced student with, or per­haps even introduce the intelligent novice to, the early historical develop­ment oflslamic law (fiqh) and Islamic jurisprudence (usu/ al-fiqh), it can be said fairly that his work does an adequate job. It would, however, be too gen­erous to hold that it succeeds according to his wishes in making a significant advancement - even if limiting one's scope to the English medium only -toward Islamic jurisprudence's theoretical or interpretive development. This outcome is unfortunate, given the promising first chapter that showcases the author's relative familiarity with the plight of the modern world vis-a-vis the traditional outlook, as well as his cognizance of the impracticability of applying Islamic jurisprudence in the modern world, dominated as it is by competing secular and profane forces at every practi­cal level of law, polity, and policymaking. Very few, if any, contemporary Islamic jurists (faqaha ') or legal scholars (those steeped infiqh or usul al­fiqh but not licensed to practice) demonstrate a priori knowledge of the nuances of modernity's philosophical underpinnings sufficient enough to engage in any meaningful discourse that would constitute an enduring guidepost by which, as Mumisa proposes, to "revive and broaden the dis­cipline of usu! al-fiqh in order to bring about a methodology which will truly enable us [i.e., Muslims] to refer all our matters to Allah and His Messenger." Upon learning of Mumisa's motivation, the Muslim reader's cautious optimism is that, finally, here comes one of those rare Islamic legal scholars who can identify the modem world's intellectual errors as well as those of the contemporary Muslims who deal with them ...