MADH-HABISM: AN EXPOSITION OF FIQH DYNAMISM AND SCHOLASTIC RIVALRY AMONG CONTEMPORARY JURISTS

Abstract

The Islamic scholarship is undoubtedly a divine responsibility focused on the essence of waḥy

through the continuous process of ijtihād to understand further and spread the Islamic

jurisprudence better. However, the juristic efforts of c ulamā in the various madhāhib have

often attracted scholastic partisanship and unhealthy rivalry among contemporary adherents

of these different juristic schools. Some individuals who claim juristic sectism, champion the

viewpoints of their madh-hab staunchly without due side-view and consideration of scholarly

facts of other schools as well as the wisdom of fiqh differences of the madhāhib thereby

disrupting the foundation of juristic dynamism. These modern pro-madh-habists have

created staunch devotion to complicit juristic ideology for various reasons ranging from

tribalism, devaluation of creativity in knowledge, as well as superficial motives of self

authority and hatred for others when found with greater dexterity and advancement in the

trade of scholarship. Thus, the paper examines the essence of profound madh-hab adherence

and further evaluates the dangers of madh-habism as well as the unhealthy rivalry amongst

fuqahā in the contemporary time with the aid of jurisprudential analytical methods. The

paper reveals that, despite the call for healthy rivalry through proven scholarly facts, the

impetus for its continuity among scholars is innate and however endless. The paper thus

concludes that the status of religious scholarship should however be based on tarjῑḥ

(scholarly preference) and not taqlῑd (juristic dogmatism) to foster sound Islamic

scholarship. The paper further recommends ways to fortify healthy rivalry and enhance

sound methodology for ideal scholarship and tutelage in the various madhāhib.