Juristic Retrievalism in Contemporary Sunni Fatwa: Toward Maqāṣid-Based Validation

Abstract

This article develops juristic retrievalism as a concept for analysing a recurring weakness in contemporary Sunni fatwa production: the treatment of inherited juristic opinions as ready-made answers whose authority rests primarily on historical authenticity, school affiliation, or intra-madhhab preference. Method: The study is a qualitative conceptual investigation combining normative legal theory with a purposive, triangulated reading of classical uṣūl al-fiqh and fatwa sources, contemporary scholarship on religious authority and maqāṣid al-sharīʿah, and official data on the digital environment in which fatwas circulate. It distinguishes conceptual claims from empirical generalisation and tests the proposed model through illustrative applications and counter-objections. Findings: Juristic retrievalism is not equivalent to legitimate taqlīd, madhhab continuity, or disciplined tarjīḥ. It is a methodological reduction that weakens contextual diagnosis, consequence assessment, purposive evaluation, and institutional review. The article proposes a five-dimensional validation framework comprising textual fidelity, juristic coherence, contextual adequacy, maqāṣid realisation, and institutional accountability. Contribution: The framework converts maqāṣid from general reformist language into a transparent institutional procedure for classifying questions, consulting expertise, qualifying public guidance, and revising fatwas when relevant facts change. Contemporary renewal therefore requires neither rupture with Sunni legal tradition nor mechanical repetition, but a disciplined reconstruction of ijtihād that preserves textual loyalty while restoring the moral and civilisational purposes of sharīʿah.