3. Theory, scope, and practice

Abstract

‘Theory, scope, and practice’ assesses the theoretical, substantive, and procedural aspects of Islamic law. The theoretical aspect engages with the jurisprudential rules relating to the sources, methods, principles, legal hermeneutics, and juristic methodologies of Islamic law. The substantive aspect deals with the scope of Islamic law, covering the textual provisions and juristic rulings on specific substantive issues. The procedural aspect deals with Islamic law in practice, covering its practical application as a functional legal system. Any examination of Islamic legal theory should consider the sources, methods, and principles of law and, in particular in this case, Islamic substantive law. Ijtihād is an important tool of independent juristic reasoning under Islamic legal theory.