By Wael B. Hallaq
Wael B. Hallaq is already tested as the most eminent students within the box of Islamic legislations. In his most recent booklet, he lines the background of Islamic criminal thought from its beginnings until eventually the fashionable interval. The publication is the 1st of its variety in association, method of the topic, and important equipment, and as such should be an important device for the knowledge of Islamic felony concept particularly and Islamic legislations often. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to an individual attracted to Islam and its evolution.
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Extra resources for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh
The failure of the Risâla to arouse the interest of jurists during the century after its author’s death may also be explained in terms of the direc tion taken by the religious and legal movement in the course of the second/eighth and third/ninth centuries. As we have seen, the beginning of the second/eighth century witnessed the initial stages of the develop ment of Islamic law and jurisprudence. This phase may be characterized as one in which human reasoning, commonly known as ray, was predomi nant.
Shaft1! regulates ra y in the form of qiyds and assigns it a role subsidiary to that of the revealed sources, though İt remains an essential part of his methodology. Ibn Hanbal avoids qiyas, but not completely. Dawud completely rejects it in favor of a literal reading of the two primary sources. In both time and doctrine, then, ShâfiTs position is located midway between the early ra'y libertinism and the later Zâhirite conservatism. The rationalist movement, on the other hand, began to experience a process of decline after the middle of the third/ninth century.
To illustrate the harmonious relationship between the two sources, he dis cusses their contribution to the construction of the law of marriage. In His Book, God has forbidden men to have sexual relations with women except through marriage and concubinage. The Prophet’s Sunna came to comple ment this decree by providing details for what constitutes a valid marriage. Accordingly, the Prophet stipulated that for a marriage to be valid, the woman who is a tbayyib (non-virgin), a divorcee or a widow must express her consent, and furthermore that there must be two witnesses who will attest that the marriage contract was concluded.