Continuity and Change of Traditional Islamic Law in Modern Times: tarjı ¯h: as a Method of Adaptation and Development of Legal Doctrines

Abstract

In addition to ijtihad (independent legal reasoning), tarjı ¯h: (weighing up and preference) serves as a fundamental instrument of traditional Islamic law’s operational work and was used on different levels. In modern times, tarjı ¯h: is still applied not only by individual scholars but also by collective fiqh institutions. However, the conception of tarjı ¯h: is undergoing a transformation in its current application. In the scope of this article, the first purpose is to provide a comprehensive overview of the conception and the diverse practical forms of the tarjı ¯h: in traditional Islamic law. The focus then lies on setting out how to apply tarjı ¯h: in modern Islamic jurisprudence. This article also aims to illustrate the conceptual and operational changes of tarjı ¯h: , paying special attention to the relation between tarjı ¯h: and ijtihad. Overall, this article intends, on the one hand, to contribute to the study of present Islamic law’s developments; on the other hand, it examines the continuity and change of tarjı ¯h: from traditional Islamic law to contemporary fiqh institutions. It is argued that tarjı ¯h: in the modern age is not only used as a method of weighing and choosing a legal view that among the diverse views of pre-modern law most closely adapts to the current social circumstances, but that it is also integrated in the process of development of new legal doctrines.