Thesis Summary
Shahrur distinguishes between the Qur’an as the supreme reference and fiqh as a historical human heritage. For this reason, he does not see fiqh as equivalent to the Qur’anic text, but rather as a changing understanding that arose in a specific historical context.
Foundational Atoms
- Traditional fiqh is a historical construct
- Fiqh is a human historical understanding
- Inherited fiqh does not match the Qur’an
- The sayings of the Prophet and the Companions are not sacred texts
- Legislation monopolizes divine prohibition
Position within the Book
This idea appears in the first section of the book, within the critique of fiqh works and the interpretation of the emergence of traditional fiqh in the era of compilation.
Limits of the Reading
The page reads the position on fiqh within the limits of the available atoms, and does not generalize to all schools or all periods.