Bridging the Gap
Two Early Texts of Islamic Legal Theory
Bibliographic Data
| ID | 3963294 |
|---|---|
| Authors | Ahmed El Shamsy (0000-0003-4209-2452, corresponding author) |
| Year | 2021 |
| Volume | 137 |
| Issue | 3 |
| Publication date | 2021-12-16 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of the American Oriental Society (JOURNAL) |
| Journal identifiers | ISSN: 0003-0279 • E-ISSN: 2169-2289 |
| Publisher | American Oriental Society (PUBLISHER • US) |
| DOI | 10.7817/jameroriesoci.137.3.0505 |
| OpenAlex | W2775781727 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
This article presents two short but complete treatises on legal theory (uṣūl al-fiqh). The first was written by Ibn Surayj (d. 306/918) as an addendum to his compendium on Shāfiʿī law, al-Wadāʾiʿ, and the second by Abū Bakr al-Khaffāf (fl. early fourth/tenth century), who included it as an introduction to his legal text al-Aqsām wa-l-khiṣāl. An analysis of these texts reveals the existence of a self-conscious legal-theoretical discourse around the turn of the fourth/tenth century that connects al-Shāfiʿī's (d. 204/820) Risāla with the so-called mature uṣūl tradition known from the late fourth/tenth century onward. The analysis also sheds considerable light on developments in legal theory in this period, such as the emergence of the term ʿilla (cause), the parallel rise of legal dialectics (jadal), the consequences of adopting the idea of waḍʿ (linguistic coinage), and generally the inclusion of theological concerns in legal theory
Aesthetics · Art · Bridging (networking · Compendium · Dialectic · Epistemology · Linguistics · Literature · Period (music · Political science · Archaeology and Historical Studies · Classics · History · Islamic Studies and History · Law · Medieval and Classical Philosophy · Philosophy
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,33 |
| Citation span | 2023 - 2023 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |