Download e-book for kindle: Authority, Continuity and Change in Islamic Law by Wael B. Hallaq

By Wael B. Hallaq

ISBN-10: 0521803314

ISBN-13: 9780521803311

During this path-breaking new ebook, the writer exhibits how authority assured either continuity and alter in Islamic legislations. Hallaq demonstrates that it was once the development of the absolutist authority of the college founder, a picture which he indicates used to be truly built later in historical past, that maintained the rules of college technique and hermeneutics. The protection of that method gave upward thrust to an enormous number of person felony critiques, finally accomodating alterations within the legislation. hence the writer concludes that the mechanisms of switch have been embedded within the very constitution of Islamic legislations, regardless of its primarily conservative nature.

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48 (It is worth noting in passing that Ibn Kamal identified most jurists who belonged to the fourth, fifth, and sixth ranks in terms of their works, works which represented their contribution to law and which became the yardstick of the quality of their hermeneutical activities. Here, it is 41 42 43 44 47 48 On takhrCj and the mukharrijEn (=aQMAb al-takhrCj ), see chapter 2, section III, below. Probably cAlc b. Ammad nusam al-Dcn al-Razc who died in 593/1196. See Ibn Quslebugha, TAj al-TarAjim, 42.

In addition to nammad and Ibrahcm al-Nakhacc, c Abd Allah b. 17 In a case involving preemption, for instance, he first adopted Abe nancfa’s view then renounced it in favor of another opinion held by the Hijazi 11 12 13 14 15 16 Ibid. Mumammad b. Idrcs al-Shafic c, KitAb IkhtilAf al- cIrAqiyyCn, in his al-Umm, ed. Mammed Masarjc, 9 vols. (Beirut: Dar al-Kutub al-cIlmiyya, 1413/1993), VII, 211. , VII, 184–85 (a case of wadC ca), 218, 219 (cases of prayer), 223 (ritual purity), 230 (blood-money), and passim.

At this juncture, a natural question poses itself perforce: Why did Abe nancfa – not Nakhacc, nammad, or, for that matter, Abe Yesuf or Shaybanc – become credited with founding the school, and henceforth achieve the status of an absolute mujtahid ? A comprehensive answer cannot be offered at this point in time, especially as to the choice of Abe nancfa as putative founder of his school (or the choice of any of the other 22 23 The wasma and wars are south Arabian plants whose leaves are used as dyes, the former imparting a green pigment and the latter a yellow one.

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Authority, Continuity and Change in Islamic Law by Wael B. Hallaq


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