Roman, Provincial and Islamic Law: The Origins of the by Patricia Crone

By Patricia Crone

This publication examines the cultural origins of Islamic legislation. a few specialists rigidity the significance of the contribution of Roman legislations; others that of Arabian legislation. such a lot are agreed that Jewish legislation contributed, yet no longer defined additional. Dr Crone exams the Roman speculation just about one establishment, the patronate, which does certainly seem to owe whatever to Roman legislations. He concludes that Roman legislations contributed in basic terms in as far as it used to be half and parcel of the quite diverse criminal perform of the close to jap provinces, and that provincial legislation might pay off additional attention through criminal historians.

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12 The Zahiris. Founded by Dawud b. Khalaf (d. 884) in Baghdad, this school derives its name from the fact that it wished to base Islamic law and dogma on the literal meaning (zahir) of Qur'an and Hadlth. The first surviving legal works are those of Abu eAsim al-Nabil (d. 900),28 and by far the most famous Zahirl lawbook is the Muhalla of Ibn Hazm (d. 1064). For purposes of tracing origins, the Zahiris (and by and large also the Hanbalis) are too late to be of much interest, and I do not systematically give Zahirl opinions in what follows.

The early schools commonly based their doctrines on traditions reporting the views of local jurists of renown such as Ibrahim al-NakhaeI (d. about 714) in Kufa and Hasan al-Basri in Basra (d. 728f). But they also invoked early caliphs and other Companions, again with a preference for localfigures;thus Ibn Maseud, a Companion who had settled in Kufa, counted as a particular authority in Kufa, while Ibn eAbbas, who had resided in Mecca, was a favourite among the Meccans, and so on. And occasionally they would invoke the Prophet himself.

991) composed his manual of law for those 'who have no jurist at hand', he simply presented Imami Hadlth interspersed with occasional commentary;41 similarly, Tusi's collections of Imami traditions are manifest statements of school doctrine. 42 The auxiliary literature of the Imamis is accordingly also poorly developed: unlike the Sunnis, they did not need biographical dictionaries to evaluate their own transmitters. 43 The acceptance of ShafiTs rules did not however have a major impact on legal doctrine itself.

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