Fiqh al-Awlawiyyat in Contemporary Islamic Theological and Critical Thought: It’s Foundations, Applications and the Case of al-Masiri

Abstract

This paper examines a set of critical issues pertaining to the jurisprudence of intellectual priorities (fiqh al-awlawiyyāt al-ʿaqadī wa al-fikrī), its problematic dimensions, its methodological foundations, and its application to contemporary doctrinal and intellectual challenges. The study proceeds from the conviction that the jurisprudence of priorities is not an exclusively Islamic instrument, but a scientific methodology practiced across both theoretical and applied disciplines. Its relevance to the contemporary moment is urgent: the neglect of its cognitive mechanisms and tools in doctrinal matters carries serious consequences for religious understanding and social cohesion alike. The paper argues that the jurisprudence of intellectual priorities serves as a protective framework for interpreting religious texts, guarding against both extremism and negligence by grounding textual understanding in fixed intellectual principles. Through its emphasis on balance and moderation (al-wasaṭiyya wa-al-iʿtidāl), this methodology corrects misinterpretations and shields society from the intellectual and practical pitfalls of radicalism. The study further investigates the jurisprudence of doctrinal priorities (fiqh al-awlawiyyāt al-ʿaqadī wa al-fikrī) in light of the purposes that necessitate its deployment to resolve outstanding intellectual questions in the contemporary arena. In this context, it introduces the framework of critical jurisprudence of priorities as a methodology for engaging dissenting thought, presenting the intellectual projects of al-Masiri and al-Attas as models that consciously employ this approach in the construction and critique of ideas. The study reveals a significant asymmetry in contemporary Islamic intellectual discourse: while certain scholarly projects have actively practiced the jurisprudence of priorities in both constructive and critical capacities, others have neglected its application in doctrinal understanding, a neglect that has produced tangible intellectual and practical difficulties in the contemporary context. Employing an analytical method of al-manhaj al-taḥlīlī al-muqārin, the study deconstructs, analyses, and compares relevant texts to uncover the practice of priority jurisprudence within the Islamic heritage and examine its applicability to present-day challenges.