Design and Applied Arts Index (1987 )

Coulson, Anthony J.

doi:10.1093/jdh/2.1.53

Journal of Design History

1989

DOI: 10.1093/jdh/2.1.53

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Design and Applied Arts Index (1987 )

Anthony J. Coulson

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1993

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“…perception of Shafi c i, not only as the "master architect" of Islamic jurisprudence, 6 but as the jurist-victor who brought the 8th-century unbridled law down to the knees of revelation.…”

mentioning

confidence: 99%

“…15 Now, if we take into account the ambiguities involved in the use of the term usul, the 9th century produces no work whatsoever that has the complete characteristics of usul al-fiqh.' 6 In the hundreds of titles and bio-bibliographical notices belonging to the 9th century, there is no allusion to such works. And in his refutation of the usul principles of Sunni juristic thought, al-Qadi al-Nu c man, writing around the middle of the 10th century, confirms the data provided by the biobibliographical sources.…”

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confidence: 99%

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Was al-Shafii the Master Architect of Islamic Jurisprudence?

Hallaq

1993

Int. J. Middle East Stud.

123

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During the last three or four decades, modern scholarship has increasingly come to recognize Muhammad Ibn Idris al-Shafi c i (d. 820) as having played a most central role in the early development of Islamic jurisprudence. It was Joseph Schacht who, more than anyone else, demonstrated Shafi c i's remarkable success in anchoring the entire edifice of the law not only in the Qur'an, which by his time was taken for granted, but mainly, and more importantly, in the traditions of the Prophet. 1 Shafi c i's prominent status has been further bolstered by the fact that he was the first Muslim jurist ever to articulate his legal theory in writing, in what has commonly become known as al-Risala. 2 Schacht's portentous findings, coupled with the high esteem in which Shafi c i is held in medieval and modern Islam, have led Islamicists to believe that Shafi c i was the "father of Muslim jurisprudence" and the founder of the science of legal theory, properly called usiil al-fiqh. 3 His Risala is thought to have become "a model for both jurists and theologians who wrote on the subject." 4 And although it is acknowledged that later theory further elaborated the themes of ShafiTs treatise and sometimes even modified them, the origination of legal theory nonetheless remains his achievement. The medieval dictum that "Shafi c i is to usiil al-fiqh what Aristotle was to logic" is still as valid as when it first appeared. 5 This being the state of our knowledge, there appears to be little reason to question the purported fact that since its inception in the work of Shafi c i, usiil al-fiqh, as we now know it, became, in an unwavering continuity, the standard legal methodology of Sunni Islam. There is even less reason to question the 9th century, chronologically so close to Shafi c i, as an era that was dominated by the influential ShafiStes who were zealously safeguarding the teachings of their master. True, there were some tendencies in legal thought-such as the Zahiriyya-that diverged from the mainstream jurisprudence as expressed in the legacy of Shafi c i, but these soon dropped altogether out of the scene and, consequently, they are thought to be rather marginal. Thus, the continuity between ShafN's theory and classical usiil al-fiqh would seem to represent a natural development, especially in that it tallies with our

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“…perception of Shafi c i, not only as the "master architect" of Islamic jurisprudence, 6 but as the jurist-victor who brought the 8th-century unbridled law down to the knees of revelation.…”

mentioning

confidence: 99%

mentioning

confidence: 99%

Was al-Shafii the Master Architect of Islamic Jurisprudence?

Hallaq

1993

Int. J. Middle East Stud.

123

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Design and Applied Arts Index (1987 )

Cited by 1 publication

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Was al-Shafii the Master Architect of Islamic Jurisprudence?

Was al-Shafii the Master Architect of Islamic Jurisprudence?

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