Studies in Early Muslim JurisprudenceClarendon Press, 1993 - 257 pages This book offers a coherent theory of the origins and early development of Islamic law. The author grounds his argument in a series of representative passages from the earliest juristic works, many of them translated here for the first time. Succeeding chapters demonstrate the creativity of early Muslim civilization in literary forms, juristic norms, and hermeneutic technique. Drawing on the tradition of Islamic scholarship represented by such names as Ignaz Goldziher, Joseph Schacht, and John Wansborough, Calder is sensitive also to the development of methodology and technique in the parallel fields of Biblical and Rabbinical Studies. Grounding all his major generalizations in precise textual detail, he evokes the social, political and intellectual concerns of Muslim civilization in its most formative period. Calder demonstrates that many of the usual connotations are not appropriate to the understanding of early Muslim jurisprudence. The surviving texts constitute and lively record of how the early Muslim community created the major symbols of its own identity. |
Contents
LIST OF ABBREVIATIONS | 1 |
Early Hanafi Texts | 60 |
The Kitāb alUmm of Shafii | 86 |
Copyright | |
6 other sections not shown
Common terms and phrases
Abdallah Abū Ḥanifa Abū Yūsuf Aḥmad al-ḥadīth al-Shaybānī Arabic argument āthār authority statements Bakr Bedouin biographical Busra caliph cause impurity chapter claim Companions context culture discussion early juristic emergence evidence exegetical exempla fiqh formula ḥadīth Hanafi hermeneutic Ibid Ibn Abbās Ibn Jurayj Ibn Qutayba Ibn Wahb ikhtilaf imam interpolated iqta Iraq Islamic law isnāds Jewish jizya jurisprudence juristic kharāj lands Kitāb al-Kharāj literary Madina Mālik mass al-dhakar material Mudawwana Muḥammad Muḥammad ibn Mukhtaṣar Muslim Muwatta Muzani Najran notebooks oral organic origins Paragraph passage penis perform wuḍū polemical problem Prophetic hadith qāla Abū qiyās qultu/qāla Qur'an Rabi redaction redactor reference reflects relating Risāla rules Saḥnūn Sawad Schacht Sect Shafi'i Shaybānī sleep social sources structure systematic Taḥāwī taxation third century tradition transmission transmitted Umar Urwa ushr vessel Wansbrough wuḍu Yaḥyā Yusuf