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Abstract

This article critically analyses the important criticisms of the historical evolution, sources, and use of Islamic jurisprudence (fiqh) and ijtihad made by well-known Orientalists, such as Joseph Schacht and Duncan B. Macdonald. According to these academics, Islamic law did not originate exclusively from the Quran and Sunnah, but was also impacted by Roman, Sassanian, and other non-Islamic legal systems as well as social practices. Schacht, for example, maintained that hadiths were "invented" in the second century AH and that fiqh developed after the conquest rather than during the time of the Prophet Muhammad (PBUH). While Macdonald criticised fiqh as a rigid system devoid of moral spirit. Scholars such as Wael B. Hallaq, Mustafa Al-Azami, and Mohammad Hashim Kamali have responded by stressing the divine basis of fiqh, the historical veracity of hadiths, and its flexibility. This article provides insights into the social and historical background of fiqh and ijtihad by reflecting the intellectual exchange between Orientalist criticisms and traditional Islamic viewpoints. It emphasises the fundamental ideas of Islamic jurisprudence and ijtihad, its development, and its ability to tackle modern issues, underscoring the breadth and global applicability of Islamic law.