By Heiner F. & Greenland, Tony & Schulz, Frank & Terlisten, Detlev Duske
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THE BEGINNINGS OF ISLAMlC JURISPRUDENCE 19 Iraq and Syria in the second half of the second/ eighth centuryand from the older sources which have been preserved from this period, such as the two recensions of Malik's Muwatta' and the AthiiT of Abu Yusuf (d. 182/798-9) and al-Shayban1 (d. " That is, he pursues the question of which sources of law the "ancient schools of law" take as a basis and to what extent, and compares al-Shafi'l's conception of the subject. Schacht extrapolates the lines of development thus produced back approximately to the beginning of the second/ eighth century, partially on the basis of indications which he draws from sources of the first half of the second/ eighth century like the Risiilafi l-~al}iiba oflbn al-Muqaffa' (d.
Both Op. , pp. 140, 150, 151. Op. , p. 149. 126 Op. , pp. 149, 150, 151, 176. 127 It is true that Schacht assumes a "common ancient doctrine" and an influence by Iraq on the l;lijaz, but he nevertheless presumes separate developments in the individual centers. Cf. op. , pp. 214-223 and passim. , however, also the criticisms of Fiick and Azami; see below, pp. , 39 f. 123 Cf. op. , p. 37. Emphasis mine. 124 125 THE BEGINNINGS OF ISLAMIC JURISPRUDENCE 23 pieces of evidence Schacht adduces tend to speak in favor of an origin in the first/seventh century.
R. " 152 Similar unreserved endorsement was expressed by, for instance; the lfadzth specialist J. Robson, 153 the Qur>an experts A. Jeffery 154 and R. Paret, 155 the kallim and sfra authority W. Montgomery Watt, 156 the expert on pre-Islamic Arabia G. Ryckmans, 157 and J. N. D. Anderson,' 58 an authority on Islamic law and the legal systems of the modern Islamic countries. The hymns of praise of this select chorus of fellow specialists were jarred by only a few voices like those of A. Guillaume 159 and J.