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Download PDF by N. Coulson: A History of Islamic Law

By N. Coulson

ISBN-10: 0852243545

ISBN-13: 9780852243541

The vintage advent to Islamic legislation, tracing its improvement from its origins,through the medieval interval, to its position in sleek Islam.

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The vintage advent to Islamic legislation, tracing its improvement from its origins,through the medieval interval, to its position in sleek Islam.

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Fi'i's legal theory had established a compromise between the dictates of the divine will and the use of human reason in law. But his hopes that such mediation would resolve existing conflicts and introduce uniformity into jurisprudence were frustrated; in fact the varying reactions to his thesis of the authority ofT raditions resulted in the formation of three further schools of law in addition to those which existed in his own time. Those who were prepared, to accept the precise terms of ash-Shafi'i's doctrine on the role of Traditions were a minority and thus, despite the consistent repudiation of this possibility by ash-Shafi'i himself, the Shafi'i school of law was born.

At the same time, as has already been pointed out, the Qur'an itself posed problems which must have been of immediate concern to the Muslim community, and with which the Prophet himself, in his role of supreme political and legal authority in Medina, must have been forced to deal. H. roo [sc. D. 719] only", and when the authenticity of practically every alleged ruling of the Prophet is denied, a void is assumed, or rather created, in the picture of the development of law in early Muslim society.

From his periods of ttuly 11nd deliberation in the principal centres of juris1 wlrncc-Mecca, Medina, Iraq and Syria-:-he had 111 t •d an intimate knowledge of all the leadmg prottl\ 1, but he refused to ally himself with any one 11 , St~nding aloof from local and particular alle1 111 H he was able to comprehend the whole complex IHIIotmic scene with a breadth of outlook and depth I porccption that produced an altogether new dimen111\ In legal thought. He eventually appears on the ,. 118 the deus ex machina of hls time, who seeks to 111 vel the tangled threads of multiple controversies till propound a solution to create order out of existing h II , II the field of technical legal method generally ashh li' consolidated and improved upon the advances lelrvud by his older contemporary ash-Shaybani, the 11 1 nding jurist ofKUfa.

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A History of Islamic Law by N. Coulson


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