Reactualization Fiqh

A Study of Contemporary Ulama Responses to the Disruption of Modernity

Abstract

Contemporary fiqh (Islamic jurisprudence) is a branch of Islamic legal scholarship that seeks to address novel issues arising from social, economic, and technological changes issues not encountered by earlier generations of jurists (fuqaha). This article comprehensively examines the nature, epistemological foundations, origins, and scope of contemporary  fiqh , focusing on the roles of  ijtihad  (independent legal reasoning),  maqasid al-shari'ah  (the objectives of Sharia), and  fatwa  institutions in responding to current issues such as digital Sharia finance, social security, family relations, and bioethics. Employing a library research method with a descriptive-analytical approach, the study analyzes classical and contemporary  usul al-fiqh  (principles of jurisprudence) literature, collections of  fatwas  from the Indonesian Ulema Council (MUI) and the National Sharia Board-MUI, as well as recent academic studies. The findings indicate that contemporary  fiqh  is not a discipline separate from classical  fiqh  but rather a methodological continuation that adapts through  ijtihad jama’i  (collective reasoning) and considerations of  maslahah  (public interest) to maintain the relevance of Islamic law without compromising its fundamental principles (al-tsawabit). The study recommends strengthening the methodological capacity of  fatwa  institutions and fostering interdisciplinary collaboration to ensure that contemporary Islamic legal rulings are increasingly responsive, applicable, and grounded in  maqasid al-shari'ah