Islamic Law Beyond Fiqh


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In the twentieth and twenty-first centuries, scholars, activists, and politicians have engaged in profound debates about the nature of Islamic governance and its relevance to contemporary justice. While many discussions focus on the roots of governance in early Islam, they are often shaped by a primarily fiqh-centric perspective, which emphasises jurisprudence and tradition while neglecting the political and legal realities of the time.

In this talk, Dr Allehbi will reveal that many early Muslim rulers, military leaders, and bureaucrats developed their unique understandings of governmental justice that frequently diverged from those of religious scholars. By examining the Islamic adaptations of Eastern Roman and Sasanian political ideas, we find that the governing elites in the Islamic Near East and Mediterranean established a branch of Islamic law that was normatively and jurisdictionally distinct from fiqh.

Between the eighth and tenth centuries, these non-fiqh actors created a body of legal theories, protocols, and practices grounded in notions of imamate, mulk (kingship), and siyasa (governance), which defined critical legal spheres such as criminal justice, the mazalim, and the vizierate. This survey not only challenges but also enriches our understanding of early Islamic governance and justice, showing that it was neither monolithic nor singular, but rather a complex tapestry of varied actors and perspectives. Embracing this recontextualization allows us to appreciate the diversity and adaptability of Islamic governance and justice. from its origins to its legacy in modern day.