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Transcript of Early Schools of Law (1)
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Early Schools of Islamic
Law
A Lecture by Asif IftikharEmail: [email protected]
May 4, 2012 10:07 AM
mailto:[email protected]:[email protected] -
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Sunni Schools
H anafi
Mlik
Shfi H anbal
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Hanafi
Abu Hanifa (d.767) -- Kufa, Iraq
Abu Yusuf(d.798)
Muhammad b.Hasan al-Shaybani (d. 804)
(Abbasid, Ottoman period). Now, in Syria, Jordan, Turkey,North India, Pakistan, Central Asia, and China
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Hanafi (Contd.)
Qiyas(e.g. Q. 62:9)
Illa Istihsan(juristic preference: Q.
39.18, 39: 55, 2: 185)
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Hanafi
Ijma(my people will neveragree upon error): Consensus of
the qualified legal authorities ofa given generation (infallible).(In practice, local consensus
accepted).
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Maliki
Upper Egypt, North Africa
Malik b. Anas (d. 796) Median
Al-Muwatta (the Trodden Path): e.g.aqiqa
Amal Ahl al-Madina cf ijma
Istislah(public good): based onprotection of religion, life, intellect,lineage, and property.
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Shafii
Lower Egypt, South India, and Malaya
Muhammad b. Idris al-ShafiI (d.820)[Studied in Mecca, Median, Iraq, andSyria]
Risala(written in Cairo)
Quran, Sunna(in hadith), ijma(entireMuslim Community)
Qiyas
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Hanbali
Saudi Arabia and Qatar
Ahmad b. Hanbal (d. 855) Musnad Ahmad b. Hanbal
Literalist
Quran and the Sunna(hadith)
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Later Hanbalis
Later Hanbalis: Fatwasof theCompanions, Sayings of Companions(individual), ahadith(with weakasnad);
qiyas
Ibn Taymiyya (d. 1327)
Abd al-Wahhab (d.1792)
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Shiite Schools
Jafar al-Sadiq (d. 765) sixthImam (Medina)
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Shiite Hadith
Muhammad Kulayni (d. 940), al-Kafifi ilm al-din[Baghdad]; 16,199ahadith through ahl al-bayt
Ibn Babuya, Abu Ja'far Muhammadal-Qummi , also called al-Sadduq (d.991), Man La yah'dharhu al-faqih.5,973 ahadith
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Shiite Hadith
Muhammd al-Tusi (d. 1067). Taughtin Baghdad. In Najaf established theHowza Ilmiyyah. Hadith Works:Tah'dhib al-ah'kam, 12,590 ahadith;al-Istibsar5,521 ahadith
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Shiite Usul al-Fiqh
Baghdad (11th
Century) Mutazilite Influence
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Shiite Usul al-Fiqh
Shaykh al-Mufid d. 1022 (pupil of IbnBabuya):
Preeminence of the Quran and Shiitetraditions but reason used in interpretingpartially contradictory texts
Ijma as consensus of the Muslimcommunity when it corresponded to theopinion of the imam. Analogy rejected.
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Shiite Usul al-Fiqh
Sharif al-Murtada (d. 1024):Authority oftraditions accepted but those contrary toreason or transmitted by only one narrator
should be rejected
Muhammad b. Hasan al-Tusi (d.1067),also knwn as Shaykh al-Taifa (Shaykh of
the Community) accepted traditionstransmitted by only one narrator, if shiite
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Questions & Answers
