A History of Islamic Legal Theories: An Introduction to by Wael B. Hallaq

By Wael B. Hallaq

Wael B. Hallaq is already verified as probably the most eminent students within the box of Islamic legislation. In his most recent booklet, he lines the heritage of Islamic criminal thought from its beginnings until eventually the fashionable interval. The e-book is the 1st of its sort in association, method of the topic, and important gear, and as such should be an important instrument for the certainty of Islamic felony conception specifically and Islamic legislations usually. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to an individual drawn to Islam and its evolution.

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

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56 Only with regard to this last category, Shaft1! remarks, were the scholars in disagreement. They disagreed on this category only insofar as its source of authority is concerned, not on its validity as such. One group of schol­ ars has argued that since God made it incumbent upon Muslims to obey the Prophet - a point that is of central importance in ShâfiTs Risâla - He mandated to His Prophet the power to legislate where the Quran is silent. Another group rejected this category altogether, arguing that there is nothing in the Sunna that has not been laid down in the Quran.

The existence of this knowledge in the mind is the result of neither thinking nor inference; it is simply posited there. This is perhaps why some jurists call this type “innate,” while others label it as “intellectual” ( ‘aqli), namely, inherent in the mind ab initio. Sensory knowl­ edge is also deemed necessary, since once a person sees, for example, a tree, she no more needs inference to know that what she has observed was a tree than she is able to dissociate her mind from that knowledge. Similarly, when my finger touches a flame, I need not reason that since my finger has touched the flame I should feel excruciating pain; I immediately feel it On the other hand, acquired knowledge is by definition attained through inference and reasoning.

In either case, it is clear to Shaft*! that nothing whatsoever in die Sunna contradicts the Quran; the Sunna merely explains, supplements or particularizes the Quran. At this point Shaft1! devotes a lengthy discussion to the relationship of the Sunna to the Quran, including the abrogation of one by the other. To illustrate the harmonious relationship between the two sources, he dis­ cusses their contribution to the construction of the law of marriage. In His Book, God has forbidden men to have sexual relations with women except through marriage and concubinage.

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