The Fiqh of Revolution and the Arab Spring: Secondary Segmentation as a Trend in Islamic Legal Doctrine

This article examines how the events of the Arab Spring have helped give birth to a new juristic subfield known as the “Fiqh of Revolution”. The Fiqh of Revolution supplies legal guidance on peaceful rebellion under contemporary conditions, addressing itself to a 21st century world order shaped by new internet media and post‐Cold War international human rights conventions. I argue that besides being an important source of influence for Islamist movements, the Fiqh of Revolution also illustrates broader trends in contemporary Islamic legal thought. In particular, I draw attention to the process of “secondary segmentation”, whereby new legal subfields are created for the purpose of justifying and regimenting the use of utilitarian modes of juristic reasoning. Although “secondary segmentation” is an emergent trend, I suggest that it has important implications for the future evolution of Islamic legal doctrine.