By Bernard Weiss
This quantity is a suite of reviews committed solely to themes and concerns within the box of Islamic felony concept and authored by way of 14 students identified for his or her paintings during this box. The reports take care of such subject matters as early notions of charismatic authority.
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Additional resources for Studies in Islamic Legal Theory (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)
Example text
Smith argues for a polythetic definition for "religion", but his quotation of Edwards ("There are many sufficient, but no necessary conditions for calling something a religion," p. 7) could just as easily apply to usul al-fiqh. 4 John Wansbrough, The Sectarian Milieu: Content and Composition of Islamic Salvation History (Oxford: Oxford University Press, 1978). In his preface, Wansbrough understands his work as literary and not strictly historical, distancing himself from any historical conclusions dependent on his method.
JOSEPH E. LOWRY (University of Pennsylvania) I. Introduction Students of Islamic law have long credited Muhammad b. Idrls alShafii (d. 2 Shafi'i's position has recently come under attack, however. Strong cases have been made to the effect that Shafi i did not actually (and certainly not personally) found the Shafiite madhhab,3 that he did not invent what was to become, later, usul al-fiqh4 and even—though in my view less plausibly—that he is not the author of the Risalah5 Amidst all these 1 Usul al-fiqh in fact denotes a genre of legal writing.
Bashshar Awwad, vol. 2 (Beirut: Mu'assasat al-Risalah, 1992), 431. 14 In the ensuing discussion of this paper, Kevin Reinhart suggests that the reason for these differences is that one chapter concerns issues of ibadat while the other deals with mu'dmaldt, and that there are simply more relevant hadith for the ibadat. While this point has some force, it should be pointed out that Wansbrough also analyzed chapters from the mu'amalat, so it still remains to be explained why Malik did not adjust his chapter on the mukdtab slave to reflect his supposed dependence on the authority of Salvation History.