New PDF release: A History of Islamic Legal Theories: An Introduction to

By Wael B. Hallaq

ISBN-10: 0521590272

ISBN-13: 9780521590273

Wael B. Hallaq is already tested as probably the most eminent students within the box of Islamic legislations. In his most modern ebook, he strains the heritage of Islamic felony thought from its beginnings until eventually the trendy interval. The ebook is the 1st of its variety in association, method of the topic, and important equipment, and as such could be an important instrument for the certainty of Islamic felony idea particularly and Islamic legislation often. Its accessibility of language and magnificence promises it a readership between scholars and students, in addition to someone attracted to Islam and its evolution.

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Additional resources for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh

Sample text

Quoting Q. 99:7-0 (“He who does good an atom’s weight will see it pn the Hereafter] and he who does ill an atom’s weight will see it”), he remarks that the reward or punishment of those who do good or evil more than an atom’s weight will be, respectively, greater. In establishing the general principles of legal reasoning, Shaft*! insisted that no legal ruling can be propounded if it is not ultimately anchored in the Book of God and/or in the Sunna of His Prophet In fact, it can be safely stated that ShâfiTs purpose in writing the Risdla was to define the role of the Prophetic Sunna in the law, and to establish the methods of rea­ soning and interpretation by means of which the law can be deduced from i t It is no wonder then that the bulk of the treatise is devoted to a discus­ sion of the Sunna, its types, interpretation, and its function in elaborating the Shari*a.

Shâfi'î elaborated his concept of how the law should be formulated against the backdrop of a reality thoroughly permeated by the conflict between the traditionists and the rationalists. His concept constituted in effect a rudimentary theory of law, a theory that was in one sense caused by, and in another the result of, that conflict. T H E B E G IN N IN G S OF L E G A L T H E O R IZ A T IO N ShaficTs legal theory, as indeed all his corpusjuris, underwent a transforma­ tion from what is known as the “old doctrine” to the “new,” in which he seems to have reached a fresh understanding of the law.

Over a century later, Bayhaqi (d. 459/1066) wrote another work on ShâfiTs mandqib. For Bayhaqi, Shâfi'l is now not only a genius of üşül, but the unrivaled founder of the discipline. The Risdla, for its part, is men­ tioned over eighteen times, and, moreover, receives a comprehensive treat­ ment. In contrast to RâzTs 51 lines, Bayhaqi allocates a staggering 160 pages, out of a total of 918, to Shâfi'l as an uşült. The depiction of Shâfi'l as the founder of usûl al-fiqh is similarly drawn by later authors of the mandqib genre.

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A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq


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