Early Islamic legal theory : the Risala of Muhammad ibn Idris al-Shafii / by Joseph E. Lowry.

Format:

Book

Author/Creator:

Lowry, Joseph E. (Joseph Edmund)

Series:

Studies in Islamic law and society ; v. 30.

Studies in Islamic law and society, 1384-1130 ; v. 30

Language:

English

Subjects (All):

Shafii, Muhammad ibn Idris, 767 or 8-820. Risalah fi usul al-fiqh.

Shafii, Muhammad ibn Idris.

Islamic law--Interpretation and construction--Early works to 1800.

Islamic law.

Shafiites--Early works to 1800.

Shafiites.

Physical Description:

1 online resource (xiv, 443 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill, 2007.

Language Note:

English

Summary:

The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla , in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām , and the role of consensus ( ijmāʿ ).

Contents:

Shafii's concept of the Bayan

Two hermeneutical techniques

Prophetic sunna and hadith in the Risala

The Quran in Shafii's Risala

Shafii's epistemology

Internal evidence for the Risala's polemical context

Ijma in the Risala

The Risala and its relationship to mature Uml al-Fiqh.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [387]-399) and indexes.

ISBN:

1-281-93985-4

9786611939854

90-474-2389-5

OCLC:

310354452

Publisher Number:

10.1163/ej.9789004163607.i-443 DOI