Studies in Early Muslim Jurisprudence
Clarendon 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.
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LIST OF ABBREVIATIONS tiji 1 The Mudawwana of Saḥnün
The Muwatta of Mālik
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Abū Abū Yūsuf according achievement animals Arabic argument authority caliph cause century chapter claim clearly Companions concern Consider contains context culture deal derived discussion early emergence established evidence example exhibits expression fact fiqh formal formula give Hanafi hermeneutic Ibn Qutayba implied impurity influence initially introduced Islamic isnāds juristic kharāj kind Kitāb known land later less literary Mālik material matter meaning Mudawwana Muḥammad Muslim Muwatta namely oral organic origins Paragraph particular passage perhaps period position possible practice present preserved principle probably problem Prophetic hadith qāla question recorded redaction reference reflects relating represent ruling Sect Shāfi'ī similar sleep social sources specific statements structure suggests systematic term things third touches tradition Umar wudū Yahyā