A keen observation of modern Islamic laws reveals that the methods of talfiq and takhayyur are applied at various levels in the modern Islamic legislations.
In such cases of talfiq and takhayyur, the allegiance with the previously adopted school of thought is not abandoned altogether.
It is more appropriate to consider their methodology as takhayyur or ijtihad intiqa'i rather than mere talfiq, which is detestable for many contemporary jurists.
A code could therefore serve as a relatively effective means of restricting the state's ability to use its power of takhayyur
arbitrarily, relative to the default rule of the classical Islamic constitution which theoretically allowed the state and its officials to make case by case decisions on grounds of the public interest.
Indeed, "in most other countries, several schools co-exist, and the integration efforts attempted by the state [are] carried out through the process of takhayyur
(choice, eclecticism), and not through the imposition of any one school.
bar]l al-fiqh, Hallaq is too harsh on modern Islamic legislation: he dismisses modernist techniques such as takhayyur as "hav[ing] been forbidden in Islamic law, for both the jurists and 'state authorities' (p.
bar] was concerned about the moral consequences of takhayyur, he also recognized that the political consequences of takhy[i.