Abstract
ʿAbd al-Razzāq al-Sanhūrī, one of the most prominent jurists in the Islamic world, played a distinctive role in reviving Islamic jurisprudence (fiqh) and integrating it with modern legal systems. The central problem addressed in this study is how Islamic jurisprudence can serve as a source for the formulation of modern civil laws and how al-Sanhūrī’s efforts in this regard may be evaluated. The significance of this study derives from the fact that, despite the profound influence of al-Sanhūrī’s model on the development of civil codes in the Arab world, his approach has often been examined either descriptively or without a critical assessment of its potential and limitations. Accordingly, the principal question of this article is: To what extent did al-Sanhūrī’s project succeed in reconciling Islamic jurisprudence with modern law, and what capacities and limitations does this model possess for its continuation and adaptation under contemporary conditions?
Employing a descriptive–analytical methodology and drawing upon al-Sanhūrī’s principal works as well as sources in comparative law, this study examines the theoretical foundations, methodology, and practical implications of his legal thought. The findings demonstrate that, by emphasizing the renewal of ijtihād in Islamic jurisprudence, deriving general and transhistorical legal principles, distinguishing between religious belief and Sharīʿa as a body of law, and employing the comparative method, al-Sanhūrī succeeded in incorporating elements of Islamic jurisprudence into modern civil legislation and redefining it as a dynamic legal system. At the same time, the findings reveal certain conceptual ambiguities and the risk of reducing Sharīʿa to a merely legal system. Overall, the study concludes that al-Sanhūrī’s project constitutes an inspiring yet critically revisable model that requires further theoretical development in order to address the legal challenges of the contemporary world.