Islamic Legal Thoughts Wael Bahjat Hallaq

Abstract

Wael Bahjat Hallaq is a prominent contemporary scholar whose works have profoundly shaped modern understandings of Islamic law through his historical, epistemological, and critical approaches. His intellectual contributions reveal the complex dynamics between sharī‘ah and positive law within the context of modernity. This article aims to analyze Hallaq’s major ideas concerning Islamic legal authority, the moral foundation of sharī‘ah, and his critique of modern Western legal and political systems that, he argues, have distorted the essence of Islamic law. Using a qualitative method based on literature review, this study examines Hallaq’s key works such as The Origins and Evolution of Islamic Law, Sharī‘a: Theory, Practice, Transformations, and The Impossible State. The findings demonstrate that Hallaq rejects the separation between ethics and law in Islam, emphasizing that Islamic law is inseparable from its moral and spiritual framework rooted in divine revelation. Furthermore, he argues that the modern nation-state is incapable of embodying the moral and just ideals of Islamic governance. Hallaq’s thought offers a critical reflection for the reconstruction of Islamic law in the modern era—encouraging an approach that remains faithful to its ethical and spiritual principles while avoiding the constraints of Western positivism.