The Fatigue of the Shari‘a by Ahmad Atif Ahmad (auth.)

By Ahmad Atif Ahmad (auth.)

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D 20 The Fatigue of the Shari‘a For this Muslim jurists could have invented a different term—the absence in a territory of a jurist (khuluww al-makan or al-balad or al-diyar min al-mujtahidd ). The territorial lack of jurists occurred more than once in Islamic history, in Sicily and Spain for example, and did not constitute a historical precedent that could be seen as a basis for an answer to the question of the fatigue of the Shari‘a. A questioner in late medieval Spain could travel to Tunisia and seek the opinion of a qualified jurist, as much in Wansharisi’s (d.

In each case, there is the question of how to decide the health and vitality of the Shari‘a or lack thereof. Is this dependant on the jurists who produce its rulings, the populations’ consent to these jurists’ authority, the governments in the societies where both these jurists and laypeople live? And how should one judge the jurists’ capacity to represent the Shari‘a, the populations’ support for it, the importance and degree of governments’ support for it, the impact of forces outside of Muslim societies on all of these factors?

N 2. ) (shar‘ man qablana) a continue to be sources of Islamic norms after Muhammad’s revelations, which are the final revelations? 3. Is it possible for the Shari‘a to be silent about a given question even during its normal life of functioning as a theoretically comprehensive system (khuluww al-ashya’ ‘an hukm al-shar‘ ma‘a baqa’ al-Shari‘a ‘ala nizamihaa)? 4. Is it possible that pre-Muhammadan revealed laws (the latterbeing the final revelations) will experience fatigue or fading away ( futur al-Shari‘a; also enlarged into futur al-shara’ i‘), ‘ and what happens then?

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