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Studying Early Islamic Law

BS”D

 

So I have been busy finding material and sources for the coming assignments. Or at least for the seminar paper. As you might remember I’m going to focus on possible Jewish influences on Islamic legal thought, something which brings me back to the two first centuries AH (the 7th and 8th century), in order to see if we can find any hints of influences. It’s going to be problematic, for sure, but hopefully also very interesting and learning.

Of primary sources I have, so far, decided to focus on writings of madhhab al-Hanafi and maddhab al-Maliki, as well as ash-Shafi’i’s ar-Risâla (noticing that I’m using a phonetic transcription, eh;o). I already have gotten my hands in al-Muwatta, the “law-book” of Imam Maliki, as well as ar-Risâla, but I still need to find writings of the Hanafi law school, so if any of you out there know of any online resources of early Hanafi writings, then please let me know.

Secondary sources have been extensive, fortunately. Of major importance are books and articles by Goldziher, Schacht, and Hallaq. The first is a little outdated, but his observations are of major importance, and have played a huge role in the study of early Islam. Schacht, with his “Origins of Muhammadan Jurisprudence,” is (still) considered one of the giants when it comes to the study of Islamic jurisprudence, while Wael B. Hallaq is the scholar of Islamic law of our days, taking points with many of Schacht’s theories. Especially one of the points of discussion between Schacht and Hallaq is of importance for me, namely which geographical center played the greatest importance, Iraq or Hijaz (Mecca and Medinah in particular). Also on influences do they differ, Schacht pointing to many possible (and like) influences from Roman law, whereas Hallaq attempts to explain these influences as not being influences (for another scholar on this subject, see Muhammad M. al-A’zami). Another scholar, who doesn’t get much mentioning in the Western world, is Ahmad Hasan, who also deals with these subjects on an introductory level in his “The Early Development of Islamic Jurisprudence.”

As far as the question of which of the centers that left the biggest impression, it will be of importance to me in terms of the possibility of relations between Jews and Muslims in the first centuries. Since there, as far as we know, were no great Jewish presence in the Hijaz after the death of Muhammad, it is unlikely that there was much contact between early Islamic scholars from that area and Jewish ditto. That would be much more likely concerning Iraq, where we have the greatest Jewish centers of law of the time. That Hijaz would be of greatest importance, does not rule out any Jewish influence though, especially not considering that Shafi’i attempted to assimilate the two traditions in one, and – apparently – succeeded in it. But also here do we see differences of opinion between Schacht and Wallaq, the former believing that Shafi’i was the concluding scholar of great importance, whereas the latter only believe that that importance came some centuries after Shafi’i’s death.

There are some threads I have to deal with in this subject, though I won’t be able to focus on all of them, only one or two. As stated earlier, it is an extensive subject, which also can be seen from the books written by mentioned scholars. Especially Hallaq has attempted to deal with this in depth and via more books, so I don’t believe myself being able to deal with the subject on a satisfactory level, unless I be very specific in my focus.


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