Islamic Reformation and the Tools of Ijtihad

Abstract This chapter argues that jurists can employ various tools like public welfare and the principle of no harm to either modify earlier legal enactments or formulate new ones. It contends that these devices can provide only partial and temporary amendments to existing legal injunctions. The chapter also examines the role of custom (‘urf) in the reformation process and shows that the Qur’an presumes that its legal rulings will be understood …