Suspending Dogma, Structuring Law: A Study of Legal Consciousness in the Niqāb Fatwa of Egyptian Scholar, Ali Gomaa
The response of contemporary Muslim scholars, particularly Egyptian ones, in providing legal legitimacy for real-life cases often relies on the concept of fiqh al-wāqiʿ (Islamic jurisprudence of reality), though its underdetermined nature obscures the methodological framework. This ambiguity places primary emphasis on how law is formulated in response to external realities. Among these scholars, Ali Gomaa stands out for offering a logical framework for producing Islamic jurisprudence, particularly regarding niqāb (face veil) usage. This study examines Gomaa’s methodology through a phenomenological lens to uncover the structure of legal consciousness in his approach to the niqab (face veil) issue. Using qualitative methods, the research enables broader generalizations of its analytical findings. The study reveals that Gomaa deliberately suspends doctrinal claims lacking strong textual evidence to investigate the meaning of religious propositions within their textual structures. His interpretive process engages perceptual mechanisms that identify both the structural function of texts and the lived experiences associated with them, often grounded in traditionalist interpretive legacies. By incorporating experience as an element of intentional consciousness, Gomaa methodology reflects underlying ideological and political inclinations in legal reasoning. The intentional structures underlying his interpretations are validated through an exploration of pre-theoretical community practices—those lived expressions regarded as authentic representations of the religious proposition concerning the obligation to wear the niqab (face veil). Gomaa interpretive framework, which integrates the suspension of dogma, intentionality, and pre-theoretical first-person experience, positions him methodologically to treat experience and textual revelation as equally significant sources in constructing Islamic law. This approach represents a distinctive conceptualization of fiqh al-wāqiʿ.
Copyright (c) 2024 Journal of Living Fiqh