Contemporary Relevance of Fiqh: A Comparative Study of Classical and Modern Approaches

Discussions about the relevance of fiqh in the modern times typically focus on the differences between a ‘classical' and a ‘modern' understanding of the fiqh. Such a framing is analytically inadequate since it simply brings together the two, the methods of classical jurisprudence and the products which they yielded under the previous social conditions. This article proposes to see relevance as the result of two characteristics of juristic reasoning, fidelity to the epistemic sources of the tradition and responsiveness to the contemporary moral, empirical and institutional features. It suggests a Dual-Anchor Calibration Model (DACM) consisting of 5 coding dimensions, namely: textual anchoring, reasoning transparency, integration of maqāṣid, empirical grounding and collective deliberation and a Contemporary Relevance Index (CRI) based on the geometric mean, which means that high scores on one anchor cannot compensate for low scores on another. The model is put into perspective on four areas: organised tawarruq, brain death and organ transplantation, minority jurisprudence on home financing, and digital assets. In both of these a mechanically analogous "classical-pattern" ruling and a ruling in the contemporary institutions are compared to each other. The results of the interpretive coding suggest that modern methods provide a higher level of responsiveness in all domains (mean CRI = 0.72) than do classical-pattern analogy (mean CRI = 0.19); that in two domains, they approach the low end of the range of textual fidelity, signaling a legitimacy vulnerability; and that their responsiveness is comparable to that of classical-pattern analogy in the remaining domains. The results indicate that the discussion should not be on whether the fiqh should be classical or modern, but rather on whether the ruling is adjusted with both anchors. A single-coder approach and illustrative coding means that the study does not provide a statistical generalisation but rather a framework to test.