ABSTRACT
Chapter 5, deals with a Critical Assessment of Epistemological Status of fiqh (Islamic jurisprudence). Drawing on the main characteristics of engineering as well as differences between science and technology, it is argued that although Muslim scholars like Farabi and Ghazzali consciously placed fiqh in the category of “applied science”, it seems that many of the fuqaha (Muslim jurists/jurisprudents) and other Muslim (or even non-Muslim) scholars have not fully appreciated the significance of this point. The result, as is argued, has been epistemic confusion on the part of many fuqaha and perhaps other Muslim scholars who have equated fiqh with ilmand fuqaha with ‘ulamā’ (men of knowledge/science). Equating a faqih, who is a practical problem-solver par excellence (i.e., an engineer), with an ‘alim, who deals with theoretical ideas, has helped the fuqaha further consolidate their dominant position in the ecosystem of Islamic culture. In turn, this has paved the way for the dominance of legalistic/instrumentalistic/pragmatic approaches, in contrast to truth-oriented activities, in traditional centres of learning in Muslim societies.
