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book-icon-openmaktabaBook Title: THE ORIGINS AND EVOLUTION OF ISLAMIC LAW
author-icon-openmaktabaBook Author: Wael B. Hallaq
number-of-pages-icon-openmaktabaTotal Pages: 250
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Introduction5an index of the evolution of an Islamic legal ethic, signified by theconcomitant rise of Prophetic authority. Chapter 3 continues this themeby exploring the emergence of the so-called legal specialists, a group ofmen who in their private lives elaborated a legal doctrine that became thejuristic foundation of legal practice. With the rise of the class of legalspecialists at the end of the first century H and the beginning of the next(ca. 700—40), there again occurred a concomitant development in theconstruction of Prophetic authority, represented by the emergence of(mdith, the verbal expression of the Prophetic model. Chapters 2 and 3thus explain, among other things, how Prophetic authority was to emergeout of the ideas of social consensus and the model behavior (sunna;pl. sunan) of the tribal and garrison societies that contributed to the firststage of empire-building. hapter 4, which takes up the next stage of judicial development,describes the process through which the Muslim court, as part of theempire’s structure, acquired its final shape, in which all its essential featurescame into existence in developed forms. Chapter 5 treats jurisprudentialchanges that occurred parallel to the developments in the judiciary describedin the previous chapter. Here, we return to the changing dynamics of legalauthority, which marked a further, but still gradual, shift from what wehave called sunnaic practice to a staggering proliferation of Propheticbadith. In this chapter, we also describe the relationship between thesecompeting sources of the law and the positive concepts of consensus,ijtihad and ray. A discussion of the changing relationship between thelatter two also illustrates the evolving dynamic of legal reasoning towardstricter and more systematic procedures.By the end of the second/eighth century, all essential features of thejudiciary and positive legal doctrine had clearly acquired a highly devel-oped form, only to undergo further refinements, mutatis mutandis,throughout the centuries thereafter. But legal theory, the so-called t4أ¼lal-fiqh, remained in embryo, still struggling to take shape. Indeed, thecompeting movements of the rationalists and the traditionalists (initiallydiscussed in chapter 3, section 4) would have to settle on a compromisebefore such a theory — which ultimately came to define Sunnite Islamitself — could emerge. Chapter 6 examines what I have called the GreatRationalist—Traditionalist Synthesis, and how legal theory emerged out ofit. The remainder of this chapter offers an outline of this theory as it stoodduring the second half of the fourth/tenth century.Chapter 7 offers an account of the rise of doctrinal legal schools(madhhabs), the last feature of Islamic law to develop. These schools originally

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