Traditionist-jurisprudents and the framing of Islamic law
The traditionist-jurisprudents (<em>fuqahā' ashāb al-hadīth</em>) of the earlier ninth century C.E. proposed that Islamic law be inferred from hadith, reports of what the Prophet, his leading Companions, and the Followers had said or done, without significant resort to reason. Contr...
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| Format: | Journal article |
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Brill
2001
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| _version_ | 1826259714185363456 |
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| author | Melchert, C |
| author_facet | Melchert, C |
| author_sort | Melchert, C |
| collection | OXFORD |
| description | The traditionist-jurisprudents (<em>fuqahā' ashāb al-hadīth</em>) of the earlier ninth century C.E. proposed that Islamic law be inferred from hadith, reports of what the Prophet, his leading Companions, and the Followers had said or done, without significant resort to reason. Contradictions among hadith reports they either resolved by means of <em>isnād</em> comparison or simply let stand, refusing to define the law by their own preferences. Their adversaries the rationalistic jurisprudents (<em>ashāb al-ra'y</em>) also used hadith, but far less extensively and without significant use of <em>isnād</em> comparison to sort out the sound from the unsound. In the later ninth century, rationalistic jurisprudents took up many of the forms formerly peculiar to the traditionist-jurisprudents, especially formal dependence on hadith and <em>isnād</em> comparison to sort the sound from the unsound. Traditionist-jurisprudents in turn accepted the need for separate expertise in legal reasoning besides hadith criticism. Although some developments took place independently of them, the history of Islamic law across the ninth century cannot be written without reference to the traditionist-jurisprudents and their strident advocacy of hadith. |
| first_indexed | 2024-03-06T18:54:09Z |
| format | Journal article |
| id | oxford-uuid:113dd690-3253-4e98-ada7-21d96c4886dc |
| institution | University of Oxford |
| last_indexed | 2024-03-06T18:54:09Z |
| publishDate | 2001 |
| publisher | Brill |
| record_format | dspace |
| spelling | oxford-uuid:113dd690-3253-4e98-ada7-21d96c4886dc2022-03-26T10:01:15ZTraditionist-jurisprudents and the framing of Islamic lawJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:113dd690-3253-4e98-ada7-21d96c4886dcSymplectic Elements at OxfordBrill2001Melchert, CThe traditionist-jurisprudents (<em>fuqahā' ashāb al-hadīth</em>) of the earlier ninth century C.E. proposed that Islamic law be inferred from hadith, reports of what the Prophet, his leading Companions, and the Followers had said or done, without significant resort to reason. Contradictions among hadith reports they either resolved by means of <em>isnād</em> comparison or simply let stand, refusing to define the law by their own preferences. Their adversaries the rationalistic jurisprudents (<em>ashāb al-ra'y</em>) also used hadith, but far less extensively and without significant use of <em>isnād</em> comparison to sort out the sound from the unsound. In the later ninth century, rationalistic jurisprudents took up many of the forms formerly peculiar to the traditionist-jurisprudents, especially formal dependence on hadith and <em>isnād</em> comparison to sort the sound from the unsound. Traditionist-jurisprudents in turn accepted the need for separate expertise in legal reasoning besides hadith criticism. Although some developments took place independently of them, the history of Islamic law across the ninth century cannot be written without reference to the traditionist-jurisprudents and their strident advocacy of hadith. |
| spellingShingle | Melchert, C Traditionist-jurisprudents and the framing of Islamic law |
| title | Traditionist-jurisprudents and the framing of Islamic law |
| title_full | Traditionist-jurisprudents and the framing of Islamic law |
| title_fullStr | Traditionist-jurisprudents and the framing of Islamic law |
| title_full_unstemmed | Traditionist-jurisprudents and the framing of Islamic law |
| title_short | Traditionist-jurisprudents and the framing of Islamic law |
| title_sort | traditionist jurisprudents and the framing of islamic law |
| work_keys_str_mv | AT melchertc traditionistjurisprudentsandtheframingofislamiclaw |