Jurisprudential renewal in social Nawāzil: A study of al-Mahdi al-Wazzani’s legal responses

Abstract

This study explores the role of Fiqh al-Nawāzil (jurisprudence of contextual legal cases) in promoting jurisprudential renewal, focusing on the Moroccan jurist Al-Mahdi Al-Wazzani, who lived during the pre-colonial period. It examines his legal responses to key social and legal issues, particularly in areas such as family, marriage, custody, and health. Using a descriptive and analytical approach, the study draws on selected cases from Al-Wazzani’s principal works—Al-Mi‘yār al-Jadīd, Al-Minaḥ al-Sāmiyya, and Tuḥfat al-Akyās—to analyze the renewal tools he used, including custom (ʿurf), public interest (maṣlaḥa), and established practice (jarayān al-ʿamal). These examples illustrate his balanced approach, combining commitment to Mālikī jurisprudence with openness to evolving social realities. The findings show that his fatwas reflect a model of legal reasoning grounded in the higher objectives (maqāṣid) of Islamic law, while being responsive to practical needs. His influence is evident in modern Moroccan legislation, especially in areas like labour rights, marriage, and child custody. The study affirms the enduring value of Fiqh al-Nawāzil as a tool for legal reform and calls for deeper scholarly engagement with its socially rooted legal insights.