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

Abstract

This article develops juristic retrievalism as a concept for analyzing 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 generalization 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 realization, 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 a rupture with Sunni legal tradition nor mechanical repetition, but rather a disciplined reconstruction of ijtihād that preserves textual fidelity while restoring the moral and civilizational purposes of sharīʿah.