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A History of Islamic Law - download pdf or read online

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By N. Coulson

ISBN-10: 0852243545

ISBN-13: 9780852243541

The vintage advent to Islamic legislations, tracing its improvement from its origins,through the medieval interval, to its position in smooth Islam.

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Example text

This would therefore seem to be the most appropriate point at which to explain, in such measure as space permits, the attitude which has been adopted in this book towards the controversial problem of the authenticity of Traditions from the Prophet. We take the view that the thesis of Joseph Schacht is irrefutable in its broad essentials and that the vast majority of the legal dicta attributed to the Prophet are apocryphal and the result of the process of "back-projection" of legal doctrine as outlined above.

His chapter will deal with the general top1c of the ~elat~on­ ship between these four schools, or madhaluh (smg. madhhah), which Islamic legal philosophy thus covers with the blanket authority of the ijma'. During the formative period of the law the schools were as a natural result of their circumstances of origin, hostiie and competing systems. ~cal practice, had at first accepted differences of doctrine as natural and inevitable; but under the impetus of the' Abbasid policy to create an or~er of State and society which would give full expression to 86 the Islamic religious ethic, the two schools came to champion their respective systems as possessing a validity not confined to a particular locality but universal for Muslims.

D. 767 ash-Shafi'i at first played the role of a ll•ll 11pectator rather than an active participant in the 11lv ug drama of Islamic law. From his periods of ttuly 11nd deliberation in the principal centres of juris1 wlrncc-Mecca, Medina, Iraq and Syria-:-he had 111 t •d an intimate knowledge of all the leadmg prottl\ 1, but he refused to ally himself with any one 11 , St~nding aloof from local and particular alle1 111 H he was able to comprehend the whole complex IHIIotmic scene with a breadth of outlook and depth I porccption that produced an altogether new dimen111\ In legal thought.

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A History of Islamic Law by N. Coulson


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