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By Joseph Schacht

ISBN-10: 0198254733

ISBN-13: 9780198254737

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These terms are to a great extent synonymous in the ancient period, and remained so even after Shffi'. sdn stem directly from the advisory, cautelary activity of the early specialists. The oldest stage of legal reasoning is represented by Iraqian I. PARALLEL 38 EARLY SYSTEMATIC REASONING; doctrines, either discretionary decisions or crude and primitive conclusions by analogy. An old conclusion of this kind, which has survived in the Hanafi doctrine, was to demand a fourfold confession from the culprit before he incurred the hadd punishment for unchastity, by analogy with the four witnesses prescribed for this case by the Koran (sura xxiv.

Explicit legal reasoning, most of it of a superior quality, occupies a much more prominent place in ShAfiTs doctrine 46 EARLY SYSTEMATIC REASONING; than in that of any of his predecessors, even if we take differences of style and of literary form into account. When ShAfi'i wrote, the process of Islamicizing the law, of impregnating it with religious and ethical ideas, had in the main been completed. We therefore find him hardly ever influenced in his conscious legal thought by material considerations of a religious or ethical kind, such as had played an important part in the doctrines ofAwza'i, Milik, Ibn Abi Layll, and AbQi Hanifa.

Apart from their common basic attitude, there THE ANCIENT SCHOOLS OF LAW 29 existed at that earliest stage of Islamic jurisprudence a considerable body of common doctrine which was subsequently reduced by increasing differentiation between the schools. This implies not that Islamic jurisprudence at the beginning was cultivated exclusively in one place, but that one place was the intellectual centre of the first theorizing and systematizing efforts which were to transform Umayyad popular and administrative practice into Islamic law.

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An Introduction to Islamic Law by Joseph Schacht


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