Click to View



canon law of Islam was slowly growing up, slowly rounding into full perfection of detailed correlation. It was governing absolutely the private lives of all the good Muslims that were left, and even the godless Umayyads, as they had to preach on Fridays to the People of Muhammad, so they had to deal with it cautiously and respectfully. Of the names and lives of these obscure jurists little has reached us and it is needless to give that little here. Only with the final fall of the Umayyads, in the year of the Hijra 132, do we come into the light and see the different schools forming under clear and definite leaders.


The Abbasid revolution; the compromise; the problem of the Abbasids; the two classes of canon lawyers and theologians; the rise of legal schools; Abu Hanifa; his application of Legal Fiction; istihsan: the Qadi Abu Yusuf; Muhammad ibn al-Hasan ; Sufyan ath-Thawri; al-Awza'i; Malik ibn Anas; the Usage of al-Madina; istislah; the doctrine of Agreement; the beginning of controversy; traditionalists or historical lawyers versus rationalists or philosophical lawyers; ash-Shafi'i, a mediator and systematizer; the Agreement of the Muslim people a formal source; "My People will never agree in an error;" the resultant four sources, Qur'an, Usage, Analogy, Agreement; the traditionalist revolt; Da'ud az-Zahiri and literalism; Ahmad ibn Hanbal; the four abiding schools; the Agreement of Islam; the Disagreement of Islam; iurare in verba magistri; the degrees of authority; the canon and the civil codes in Islam; their respective spheres; distribution of schools at present day; Shi'ite law; Ibadite law.

THAT great revolution which brought the Abbasid dynasty to power seemed at first to the pious theologians and lawyers to be a return of the old days. They dreamt of entering again into their rights; that the canon law would be the full law of the land. It was only slowly that their eyes were opened, and many gave up the vain contest and contented themselves with compromise. This had been rare under the Umayyads; the one or two canon lawyers who had thrown in their lot with them had been marked men. Az-Zuhri (d. 124), a man of the highest moral and theological reputation who played a very important

Click to View