Islamic Jurisprudence, Islamic Law, and Modernity (By MOHAMMAD H. FADEL)
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Abstract
Thomas Kuhn’s concept of the “paradigm shift” in scientific revolutions provides a compelling framework for understanding the role of taqlīd in Islamic law. Just as Kuhn argued that scientific progress occurs through shifts between dominant paradigms rather than through a linear accumulation of knowledge, Mohammad H. Fadel suggests that taqlīd serves as a stabilizing force within Islamic jurisprudence, ensuring continuity amid evolving legal interpretations. While often viewed as an impediment to legal innovation, taqlīd, in Fadel’s analysis, functions as an institutional mechanism that enables both preservation and controlled adaptation of Islamic law over time. This review examines Fadel’s contributions to the discourse on taqlīd, highlighting its social logic, epistemological foundations, and implications for modern Islamic legal reform.
References
1 Hallaq, W. B. (1986). "On the Origins of the Controversy about the Existence of
Mujtahids and the Gate of Ijtihad." Studia Islamica, (63), 129-141.
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