Question
What is the difference between divine prohibition and civil legislation, and how does the theory of limits operate within this difference?
The idea in the atlas
This axis rests on the idea that prohibition belongs to God alone, whereas legislation is a human, changing domain that moves within the bounds of the text and the aims of society. For this reason, Shahrur does not read the limits as a closure of ijtihad, but as a field of movement between a lower limit and an upper limit.
Quick entries
- Legislation and limits
- Toward New Foundations for Islamic Jurisprudence
- Prohibition
- Obligation
- Wine includes drugs, and avoidance pertains to intoxication
- Jurisprudence
- Al-Ma’ida 3
Questions for reading
- What does Shahrur confine to divine prohibition?
- Where does civil legislation begin for him?
- How does the theory of limits grant a field of movement instead of rigidity?
- What possible jurisprudential objections can be raised against this view?