الخطاب الفقهي المعاصر و إضمار السياقات النصية و الثقافية

Abstract EN

There is no doubt that the jurists of contemporary Islam have transformed into a central societal actor as long as they form for the masses of believers among the Muslims the details of their lives, rule out matters of their life, small and large, and draw the destinies of individuals and societies in history and existence.

But how did they acquire this sovereignty over minds, bodies and consciences? This article seeks to understand the contemporary Sunni and Shiite jurisprudential discourse in its tremendous ability to exploit sacred texts and to draw specific connotations from them and apply them in response to their ideologies.

The jurists possess their interpretations and their methods in circulating the phrase and the meaning by absenting texts from their contexts, eradicating them from their textual and cultural foundations, and pushing them to break away from their first universes and insert them into current historical spaces.

For this, contemporary jurists have succeeded in monopolizing their sovereignty over meaning and denying the believers their right to access texts and debate them in a manner that proves their worthy of faith.

So, the jurists turned into guardians of the sacred and artisans of social cohesion, capturing history and deepening the alienation of Muslim societies in times of modernity and globalization.