Islamic Legal Reform: Between Classical Jurisprudence and Contemporary Application

Abstract

This article explores the transformation of Islamic legal systems following Western influence, highlighting the emergence of two reformist trends identified by Wael Hallaq: religious utilitarians and religious liberals. It traces the historical shift towards Western-style codes exemplified in the Ottoman Tanzimat reforms and subsequent civil law adoption and examines how utilitarians like Muhammad Abduh used juristic tools such as maslahah and darurah to adapt Shari‘ah to modern needs. In contrast, liberals like Fazlur Rahman pursued contextual reinterpretation of scriptures, emphasising the maqasid (objectives) of Islamic law. The essay analyses the methods, key figures, and impact of each group, demonstrating that, despite differing approaches, both aimed to synthesize foundational Islamic values with contemporary legal frameworks. The study concludes by considering the significance of these reform movements for modern Islamic legal theory.