By Wael B. Hallaq
During this path-breaking new e-book, the writer exhibits how authority assured either continuity and alter in Islamic legislations. Hallaq demonstrates that it was once the development of the absolutist authority of the college founder, a picture which he indicates used to be truly constructed later in historical past, that maintained the principles of college technique and hermeneutics. The protection of that technique gave upward thrust to an enormous number of person felony critiques, eventually accomodating alterations within the legislation. hence the writer concludes that the mechanisms of swap have been embedded within the very constitution of Islamic legislation, regardless of its basically conservative nature.
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Extra info for Authority, Continuity and Change in Islamic Law
Tsafrir, “The Beginnings of the nanaf c School in Iqfahan,” Islamic Law and Society, 5, 1 (1998): 2–3. Mumammad b. al-nasan al-Shaybanc, KitAb al-AQl al-Ma crEf bil-MabsES, ed. Abe alWafa al-Afghanc, 5 vols. (Beirut: cflam al-Kutub, 1990), IV, 439, 477. For other cases where Abe Yesuf and Shaybanc followed the opinions of the Medinese and other jurists, see Ibn cfbidcn, SharM al-ManUEma, 1–53, at 31; Ibn cfbidcn, NAshiya, I, 75. Yacqeb b. Ibrahcm Abe Yesuf, KitAb al-KharAj (Beirut and Cairo: Dar al-Sharq, 1405/ 1985), 158.
See chapter 4, section I, below. 22 Authority, continuity, and change in Islamic law positive activity. The only way the imams could have been conceived as establishing their schools was through absolute ijtihAd, and if ijtihAd were to continue to operate in the same absolute fashion in the absence of taqlCd, then there would have been no schools but a multitude of independent mujtahids. Thus it was taqlCd with respect to the imams’ ijtihAd that guaranteed the survival of the four schools, and, therefore, loyalty to them.
The author–jurist, therefore, emerges as a signiﬁcant player in the ﬁeld of juristic hermeneutics, whether as an absolute mujtahid, limited mujtahid, or even as a muqallid of the middle types. In chapter 6 we shall show the central role that the author–jurist played in sanctioning and formalizing legal change. These typologies also enable us to identify four major players: the muqallid, the muftC, the mujtahid, and the author–jurist (muQannif ). None of these functions, as we have seen, constitutes an independent entity existing in complete isolation from the others.