What Is Attributed to Shahrur
Shahrur says: «Sharia in the Qur’an is not a rigid system, but rather a framework with upper and lower limits that leaves room for ijtihad.»
He explains this meaning with regard to penalties, saying that «penalties fluctuate between the lower and upper limits, leaving the task of ijtihad in them to human beings through legislative parliaments». The explicit example here is the sphere of penalties, not every legislative detail equally.
The Atlas Explanation
The Atlas understands the bounded framework as a regulated field: it neither eliminates ijtihad nor turns it into unrestrained choice; rather, it understands it as operating within the upper and lower limits mentioned in this conception.
Synthetic Conclusion
The idea of ijtihad here is directly connected to the theory of limits: the two limits delineate the field, and ijtihad addresses what falls within it. In the detailed witness, the exercise of this ijtihad is assigned to «legislative parliaments».
Open Question and Limit of Reading
Does the model Shahrur presents for penalties extend to all areas of legislation through the same mechanism? The evidence presented on this page does not settle that question; it establishes the general principle and details its application specifically in penalties.
For reading in the context of the book: Muhammad Shahrur Qur’an in Contemporary Thought. For the thematic context: Legislation, Limits, and Prohibition.