The Renewal of Uṣūl al-Fiqh

‘Ali Jum‘ah’s Reconstruction of Islamic Legal Theory

Abstract

Contemporary realities have become increasingly complex, raising questions about the adequacy of the inherited methodological framework of classical uṣūl al-fiqh in addressing emerging intellectual and legal challenges. Although previous studies have examined ‘Ali Jum‘ah’s proposals for renewing uṣūl al-fiqh, they have primarily identified individual reform elements without sufficiently explaining their conceptual and methodological relationships as an integrated construction. This study aims to analyze the reconstruction of uṣūl al-fiqh renewal in ‘Ali Jum‘ah’s thought. Using qualitative library research, the study examines his major works, particularly Qaḍiyyat Tajdīd Uṣūl al-Fiqh, Tajdīd ʿIlm Uṣūl al-Fiqh: al-Wāqiʿ wa al-Muqtaraḥ, Tārīkh Uṣūl al-Fiqh, and Wa Qāla al-Imām, by identifying, classifying, and analyzing his proposals for restructuring the discipline. The study finds that ‘Ali Jum‘ah’s project comprises two principal dimensions: the restructuring of its organizational framework (al-shakl) and the reformulation of its substantive foundations (al-maḍmūn). These dimensions are interconnected rather than isolated reforms, collectively forming a methodological reconstruction that retains the foundational resources of the turāth while developing their capacity to engage with changing realities. This study thus contributes a more integrated account of ‘Ali Jum‘ah’s renewal project by clarifying its underlying conceptual and methodological framework.