Mominoun Without Borders for Studies and Research (
2015)
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Abstract
This article offers a comprehensive critical review of Mohamed Mostafawi's book, "Philosophy of Jurisprudence: A Study of the Methodological Foundations of Islamic Jurisprudence." The author explores the distinction between Usul al-Fiqh (traditional principles) and the "Philosophy of Fiqh" as a modern analytical field that examines the theoretical underpinnings and external factors influencing legal derivation (Istinbat). The review highlights the book’s attempt to move beyond repetitive scholarly cycles by analyzing the "Logical Structure" of Ijtihad and the historical influence of Aristotelian logic on Islamic legal thought. Furthermore, it discusses the intersection of Fiqh with other disciplines such as theology (Kalam), linguistics, and social sciences. While acknowledging the book's depth, the reviewer notes a conceptual overlap where the work functions more as a "Philosophy of Usul al-Fiqh" rather than a philosophy of the legal branches themselves. This review is pivotal for understanding contemporary attempts to modernize Islamic legal methodology.