Al-Mahdi Institute’s 12th annual contemporary issues workshop, organised by the Islamic Legal Studies research area, was held on 4th – 5th July 2024, focusing on “Language and Meaning in Islamic Legal Theory.” This two-day event marked an important milestone in the Institute’s ongoing commitment to promoting research and scholarship in Islamic disciplines, particularly in the field of uṣūl al-fiqh (principles of Islamic jurisprudence). The workshop attracted leading academics from around the world to present various aspects of language, hermeneutics, and legal theory in Islam.
The emergence of Islamic legal theory in the early centuries of Islam occurred in a context where the interpretation of revelatory texts and the derivation of legal rulings necessitated sophisticated linguistic and hermeneutical tools. Even core concepts such as linguistic convention (waḍʿ) and apparent meaning (ẓāhir) had to be developed and refined over time through engagement with and response to various intellectual traditions. Islamic legal theory thus emerged in a context of competing methodologies, be it the approaches of different legal schools or the influence of other disciplines like philosophy and theology. The aim of the workshop was to explore the intricate relationship between language and meaning in Islamic legal theory from a variety of historical, theological, philosophical, and contemporary perspectives.
The two-day workshop was divided into several panels exploring the topic of language and meaning in Islamic legal theory from a variety of methodological perspectives. There were 15 papers in total by internationally acclaimed experts in the fields of Islamic law, philosophy of language, linguistics, intellectual history, and religious studies.
Proceedings on the first day began with Professor David Vishanoff, who traced the emergence of key terms in Islamic legal theory related to clarity and ambiguity, demonstrating how these concepts have been used to support both reformist and traditionalist interpretations. Abdullah Ansar followed with a presentation on “The Law of the Imām: Legal Language and Meaning in Formative Shī’ism,” exploring how the linguistic formulation of legal pronouncements by the Imām is contingent upon the recipient.
Professor Hamid Vahid then discussed “The Foundations of Meaning in Uṣūl: A Contemporary Perspective,” highlighting potential interactions between contemporary analytic philosophy of language and uṣūl al-fiqh. Dr Walter Edward Young explored uṣūlist anticipations of the conditional perfection problem, examining how centuries of refined, premodern Islamic theorising can complement modern efforts in pragmatics.
Dr. Giovanni Carrera offered insights into the emergence and formation of ʿilm al-waḍʿ as an independent yet interdisciplinary science, bridging uṣūl al-fiqh and rhetoric. Professor Mahmoud Morvarid presented a critical assessment of the commitment theory of convention, comparing it to Gricean theories of meaning and proposing potential improvements.
The first day concluded with a joint presentation by Professor Sayyed Mustafa Mohaghegh Damad and Hossein Mousavi, they presented a critical discussion on linguistic assignment, denotation, and apparent meaning in uṣūl al-fiqh. Introducing a new perspective on the relationship between expression and meaning, examining the process of assigning vocal expressions to meanings and the topic of denotation. Their presentation explored various explanations of how assignation works, from natural to arbitrary connections, and discussed the implications of these views for legal interpretation. They also addressed the principle of apparent meaning and its limitations, raising questions about the appropriate audience and context for interpreting source texts.
The second day of the workshop opened with Dr. Haidar Hobballah, who examined “The Theory of Specificity (naẓariyyat al-takhṣīṣ) in Islamic Legal Theory,” tracing the historical evolution of the concept of specifying the Qurʾān through solitary reports. Professor Mohsen Kadivar then presented “The Situation of a Clear Statement of Complete Intention,” analysing the criteria for determining when a speaker is in the situation of a clear statement.
A joint presentation followed by Professor Seyed Fatemi, Dr Hashim Bata, and Dr Rizwan Virk explored the extension of scriptural injunctions to virtual reality and raised important questions about the applicability of Sharia in digital environments.
This was followed by Professor Arash Naraghi’s presentation on “Understanding Commands in Religious Texts: The Case of Impossible Obligations.” His paper explored the concept of imposing impossible obligations and its implications for understanding divine commands in Islamic theology. Naraghi examined the philosophical challenges to the principle of “ought implies can” in Islamic thought, discussing how different schools of Islamic theology have approached this issue. He analysed the arguments for and against the possibility of God imposing obligations beyond human capability, considering the implications for moral philosophy and legal theory in Islam.
Professor Ali Fanaei examined the status of moral beliefs in Islamic jurisprudence from a Shīʿite perspective. He proposed a new paradigm for resolving conflicts between jurisprudential and moral reasons for action.
Dr. Ali Reza Bhojani explored the scope of the imperative and non-Muslim responsibility to Sharīʿa duties, examining how this position has been nuanced by modern Shīʿī Uṣūlīs. Dr. Mahmoud Afifi then presented “The Idea of Context in Islamic Tradition,” proposing a new perspective on resolving the tension between text and meaning in Muslim scriptural interpretation.
Dr. Mahmoud Afifi presented “The Idea of Context in Islamic Tradition: Overcoming the Aporia between Text and Meaning,” which tackled the challenge of aligning textual language with its intended meaning in Islamic tradition. He underscored the importance of both linguistic context (semantic and thematic surroundings) and situational context (circumstances, speaker’s intent, historical/cultural background) in interpreting texts. Afifi proposed an expanded contextual model that includes the context of language, situation, and application to better connect texts to real-life situations. He also drew parallels between classical Islamic thought and modern hermeneutics, referencing scholars like al-Shāṭibī and contemporary theorists such as Wittgenstein and Gadamer, demonstrating how contemporary perspectives can enrich Islamic hermeneutical practices.
The final paper by Shaykh Arif Abdul Hussain offered an existential perspective on the application of the linguistic principle of absoluteness (aṣālat al-iṭlāq). His presentation examined absoluteness in linguistic expressions within Islamic jurisprudence. He argued that unqualified statements in religious texts, like “respect the scholar,” are interpreted as universal directives for all scholars due to the absence of qualifiers. However, he suggests that practical application often necessitates subsequent qualifications over time, reflecting a pragmatic approach rather than inherent absoluteness. This challenges the notion that such statements fully articulate all necessary qualifications from the outset, highlighting the need for revisions based on evolving human understanding and context.
This Language and Meaning in Islamic Legal Theory workshop was an intellectually stimulating event that showcased the breadth and diversity of approaches to understanding and interpreting Islamic legal texts. It demonstrated the importance of continuing to promote shared academic spaces in which scholars can present and debate their research on critical issues in uṣūl al-fiqh. The Al-Mahdi Institute, in collaboration with AMI Press, hopes to publish the papers presented at the workshop in an edited volume in 2025.
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