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For one thing, the subject of law in Islam is human actions, all human actions. , traveling and touring different places). Punishment in the 14 15 Richard Posner, Frontiers of Legal Theory (Cambridge MA, 2001), 91. ), The Philosophy of Law (Cambridge, 1977), 2–3. 14 chapter one hereafter ensues when one fails to fulfill an obligation or violates a prohibition, while rewards are given to those who perform acts that are obligatory or recommended act as well as to those who refrain from what is prohibited or reprehensible.

It seems, however, at least from Ghaz§lÊ’s (d. 5 Ghaz§lÊ complains about stuffing ußål al-fiqh with questions of theology and grammar, emphasizing to his reader that ußål al-fiqh was developed to serve practical juristic thinking. In other words, the concern with the fruits of practical legal thinking—the legal determinations that govern social behavior—must not be forgotten when legal theorists take up the task of elaborating their legal theories. Almost two hundred years later, al-Qar§fÊ (d. 1285) further emphasizes, at the beginning of his law compendium, al-DhakhÊra, that offering an introduction on legal theory (ußål al-fiqh wa qaw§bid al-sharb) at the outset of a book of law and jurisprudence ( fiqh) is essential, so that the furåb may be based on the ußål, since any fiqh that is not based on principles is nothing!

On the contrary, the tripartite body of legal thought I called GLT ußål al-fiqh was the result of a process of accumulation, classification, 8 Mift§È, 26. terminology and theoretical frameworks 9 consideration, and reconsideration of principles of legal reasoning by jurists who were acutely aware of their tasks both as lawyers and as legal philosophers. Simultaneous reflection on questions of legal theory and questions of legal practice gives rise to a form of legal dialectic whereby both the theoretical and the practical aspects of the legal system evolve.

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