Moral Epistemology and the Revision of Divine Law in Islam

Abstract This essay explores the relationship between moral epistemology and legal theory in Islamic thought. Reviewing selected works of Khomeini, Maududi, and Qutb, I show that Islamism, drawing upon certain currents of Muslim intellectual tradition, presupposes a rejection of moral rationalism and on that basis opposes the permanent alteration of explicit divine injunctions. Next, I argue that the unwillingness of ‘Abduh, Iqbal, and Soroush to articulate a consistent moral rationalism prevents these reformists from offering a tenable theoretical alternative to Islamist legalism. I subsequently consider the moral epistemology of classical Mu‘tazili scholar ‘Abd al-Jabbar in order to show how a robust moral rationalism justifies the prudential revision of divine law. On that basis, I suggest that moral rationalism is the necessary epistemic basis of any legal theory that stands as a clear alternative to Islamism while still remaining grounded in the most fundamental tenets of Muslim piety.