This is a lexicon entry that brings together the technical meaning of this term in Shahrur across his different books, and connects its multiple usages.
This entry belongs to Shahrur’s glossary. For reading by theme, one may refer to Shahrur’s major themes and shared concepts.
Meaning according to Shahrur
Heritage fiqh is the inherited juristic understanding that took shape in its historical context as a response to the conditions of its time, and then came to be viewed here as suitable for the stage of its emergence, not as a binding reference for contemporary legislation. Its value in this usage is historical and epistemic more than legislative; therefore, it is to be surpassed when building a contemporary civil law.
Distinctions
- It differs from contemporary legislation, which sets effective rules for the present and does not merely preserve the inherited tradition
- It also differs from merely studying classical fiqh; what is meant here is a critical stance toward its suitability for legislation, not a neutral historical presentation of it.
Passages from his books
- Umm al-Kitab and Its Elaboration: heritage fiqh is presented here as a historical product appropriate to its own time but not suitable for contemporary legislation. Its primary function in this source is to be an object of critique and emancipation from in favor of civil legislation and contemporary law
What surrounds it and differs from it
- Liberation from heritage fiqh
- Legislation changes with the change of society
- Heritage fiqh is not contemporary legislation
- Inherited fiqh is not fit for the present
- Shahrur - fiqh