Baber Johansen

The Changing Limits of Contingency in the
History of Muslim Law
Baber Johansen
I. The Contingency of the Human World
The QurÞÁn links the ethical precepts and legal ordinances of Islam to the
cosmic dimension of religion. 1 The Muslim fiqh, on the other hand, the
discipline of Islamic jurisprudence, focuses on the social dimension of
religious ethics and law. While certain parts of fiqh, such as acts of
worship (ÝibÁdÁt), are inseparable from reflection on central elements of
the cosmic order, such as time and space, they focus on the human
interaction with them. Fiqh underlines the contingent character of legal
norms and human acts, of dissent and uncertainty as factors that enter
into human rule making. I will illustrate this assertion through the
discussion of the way in which Sunni Muslim jurists treat the integration
of cosmic elements, such as time and space, into the legal norms that
regulate the cult. I will then show that fiqh recognizes contingency on all
levels as a basic dimension of human and social life, while upholding the
concept of a non-contingent origin of the contingent legal norms.
II. The Human World’s Dependence on the Noncontingent
The QurÞÁn describes God as the ruler of Heaven and earth, as "the most
holy king," 2 and the "king of men" 3 who created the universe, rules the
cosmos and reveals Himself through the signs of His creation as well as
through His word. It constantly refers to the way in which God