By Wael B. Hallaq
During this path-breaking new booklet, the writer indicates how authority assured either continuity and alter in Islamic legislation. Hallaq demonstrates that it used to be the development of the absolutist authority of the varsity founder, a picture which he indicates used to be really constructed later in background, that maintained the principles of faculty technique and hermeneutics. The security of that method gave upward thrust to an enormous number of person criminal critiques, eventually accomodating alterations within the legislation. therefore the writer concludes that the mechanisms of swap have been embedded within the very constitution of Islamic legislations, regardless of its primarily conservative nature.
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Extra info for Authority, continuity, and change in Islamic law
Among the jurists belonging to this rank are the authors of the authoritative manuals (mutEn): Ammad Fakhr al-Dcn Ibn al-Faqcm (d. 680/1281) who wrote al-Kanz;45 cAbd Allah b. Mawded al-Meqilc (d. 683/1284) who wrote al-MukhtAr;46 radr al-Sharc ca alMambebc (d. 747/1346) who wrote al-WiqAya;47 and Ammad b. cAlc Ibn al-Sacatc (d. 48 (It is worth noting in passing that Ibn Kamal identified most jurists who belonged to the fourth, fifth, and sixth ranks in terms of their works, works which represented their contribution to law and which became the yardstick of the quality of their hermeneutical activities.
In this exercise of authority reconstruction, Sarakhsc erases the debt to Nakhacc, thereby dissipating the latter’s authority altogether. Abe nancfa, on the other hand, emerges as the first and direct interpreter of revelation par excellence, a necessary condition of an absolute mujtahid and founder of a school. At this juncture, a natural question poses itself perforce: Why did Abe nancfa – not Nakhacc, nammad, or, for that matter, Abe Yesuf or Shaybanc – become credited with founding the school, and henceforth achieve the status of an absolute mujtahid ?
Similarly, the author can be a muqallid, a mujtahid, and a muftC, often at one and the same time. Markedly absent from these typologies and from the discourse that informed them (with the partial exception of Ibn Rushd’s) is the qAKC. In chapters 3 and 6 we shall attempt to address the import of this omission when we discuss the hermeneutics which the qAKC ’s function involved. 56 57 See chapter 2, section II, below. Among the four imams, Ammad Ibn nanbal was the only one who was not an author– jurist.
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