UC Berkeley

This dissertation is a conceptual inquiry about Shari’a exploring distinct and yet interrelated dimensions of the revealed law of Islam: (i) political, (ii) spiritual, (iii) ethical, (iv) epistemic and (v) rational. These dimensions are studied from the perspective of Sunni Islam in revolutionary and post-revolutionary Egypt on the basis of a fieldwork conducted in Al-Azhar Mosque in Cairo in 2012-2014, as well as of works by classical and contemporary Islamic scholars.

This study of Shari’a is guided by the following questions: What kind of political subjectivity is enabled by Islamic jurisprudence when dealing with revolutionary protests, power, and order? What kind of spirituality is entailed by Shari’a rules? To what extent is Shari’a a kind of law distinct from contemporary state law that gives shape to a form of ethical life based on the relationship between acts of worship and social interactions? Under what epistemic conditions does revealed speech call for deeds? How does the Islamic legal episteme involve the use of reason in relationship to revelation?

This dissertation shows that any attempt to deepen our understanding of Shari’a and the epistemic and cultural practices associated with it requires the study not only of jurisprudence (fiqh) and the sources of jurisprudence (usul al-fiqh) but also of other forms of knowledge such as Sufism, theology (kalam), and philosophy and the ways in which they are intertwined with the revealed law. It brings to light the epistemic language and the evidential regime displayed in shared assumptions and agreements between Islamic scholars versed in these disciplines as much as in disagreements between them.

In the light of this research, this dissertation reconsiders several theses which have been influential in the study of Shari’a. First, it reassesses the claim that Shari’a should be studied merely as a juridical law enforced by a central authority. Second, it revisits the thesis of Shari’a’s demise in modern times. Third, it recasts the thesis according to which Shari’a is set in opposition to spirituality, ethics, philosophy and rationality. Finally, if modernity is understood as the regime of separation of between knowledge, religion, law, ethics and politics understood as autonomous spheres within the modern polity, then my dissertation is an invitation to question this normative assumption and to think about the intertwinement of all these dimensions in Islam.