The Idea

This idea states that Maliki dominance contributed to entrenching a jurisprudential structure inclined toward closure, where inherited opinions become a fixed reference and the tendency toward new ijtihad weakens. The issue here is not a particular school as an absolute error, but rather the effect of dominance when it turns into a barrier to a direct return to the text and a rethinking of rulings.

Concise Formulation

The dominance of the Malikis: closes ijtihad

Its Place in the Book’s Argument

This claim occupies an important place in the book’s argument because it links legal history to the narrowing of the possibility of renewal. It explains how an epistemic authority is formed that makes ready-made solutions a substitute for questioning. In this way, it serves the book’s central idea: that the crisis of religious thought is not textual only, but also concerns the institutional structure surrounding the text.

Why It Matters

The importance of this idea lies in the fact that it explains why ijtihad becomes difficult when the authority of a single interpretation settles in. It helps us understand Arkoun as a critic of the mechanisms of epistemic monopoly within the heritage. It also reveals that his struggle for renewal begins with reclaiming the right to question, not with repeating what jurisprudence has already settled.

Reading Questions

  • How does doctrinal dominance become an obstacle to ijtihad?
  • What is the relationship between interpretive authority and the possibility of returning to the text?

Degree of Documentation

Moderate: the claim is composed from more than one place within the book’s material.

Brief Evidence

The idea is based on the fact that Maliki dominance contributed to entrenching a jurisprudential structure inclined toward closure, so that inherited opinions become a fixed reference. With this stability, the tendency toward new ijtihad and the rethinking of rulings weakens. The issue is not the school itself so much as the effect of dominance when it turns into a barrier to a direct return to the text.