Studies in Early Muslim JurisprudenceThis 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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Contents
The Mudawwana of Sahnun | 1 |
The Muwaṭṭa of Malik 20 | 20 |
Early Hanafi Texts | 39 |
Copyright | |
9 other sections not shown
Common terms and phrases
Abū Abū Yūsuf according achievement animals Arabic argument authority caliph cause century chapter claim clearly Companions concern Consider consideration contained context culture deal discussion early emergence established evidence example exhibits expression fact fiqh formal formula give Hanafi hermeneutic implied impurity influence initially introduced Islamic isnāds juristic kharāj kind Kitāb known land later least less literary Mālik material matter meaning Mudawwana Muḥammad Muslim Muwaṭṭa namely oral organic origins Paragraph particular passage perhaps period position practice present preserved principle probably problem Prophetic hadith qāla question recorded redaction reference reflects relating represent rules Sect Shafi'i Shaybānī similar sleep social sources specific statements structure Studies suggests systematic term things third touches tradition Umar ushr vessel wuḍū Yusuf