Thesis Summary
Shahrur distinguishes between fiqh as a historical, regulatory product and civil law as an independent domain of legislation. Accordingly, fiqh may not be turned into a direct substitute for civil law or equated with it.
Foundational Atoms
- Islamic fiqh is a historical civil law
- Confusing fiqh with legislation causes an impasse
- Legal prohibition differs from prohibition
Location of Support within the Book
This meaning rests on the passages that explain the difference between fiqh and civil legislation in the final section of the book, within the discussion of the relationship between historical rulings and the legal system.
Scope Limits
What is meant here is a conceptual separation, not a denial of every connection between fiqh and law. The phrase summarizes the direction of the reading in the book and does not extend it to rulings beyond it.