By Wael B. Hallaq
During this path-breaking new publication, the writer indicates how authority assured either continuity and alter in Islamic legislation. Hallaq demonstrates that it used to be the development of the absolutist authority of the college founder, a picture which he indicates was once really constructed later in heritage, that maintained the rules of college technique and hermeneutics. The protection of that method gave upward thrust to an unlimited number of person felony critiques, finally accomodating alterations within the legislation. therefore the writer concludes that the mechanisms of switch have been embedded within the very constitution of Islamic legislation, regardless of its basically conservative nature.
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Additional info for Authority, continuity, and change in Islamic law
35. , 57–58. , 41. , 22. 16 Authority, continuity, and change in Islamic law The fourth rank diﬀers from the preceding three in that it is defined in terms of taqlCd, not ijtihAd. 41 Their ability to practice takhrCj is due to their competence in uQEl, including knowledge of how rules were derived by the predecessors. It is their task to resolve juridical ambiguities and tilt the scale in favor of one of two or more opinions that govern a case. This they do by virtue of their skills in legal reasoning and analogical inference.
Hallaq, “From FatwAs to FurE c: Growth and Change in Islamic Substantive Law,” Islamic Law and Society, 1 (February 1994): 39. The fact that in terms of hierarchical authority Abe nancfa stood first did not mean that his opinion had precedence in all cases. When, for example, the two disciples held the same view, and the master held another, the jurist was allowed to adopt the opinion of the disciples. See cUmar b. cAbd al-cAzcz al-nusam al-Shahcd Ibn Maza, SharM Adab al-QAKC, ed. Abe al-Wafa al-Afghanc and Mumammad Hashimc (Beirut: Dar al-Kutub al-cIlmiyya, 1414/1994), 20.
The first group would then be equivalent to Ibn al-ralam’s type 5, with the diﬀerence that Ibn Rushd does not see them as entitled to issue fatwAs. Perhaps the most salient feature of these typologies, especially the Shaficite and nanafite varieties, is that they sketch the diachronic and synchronic contours of Islamic legal history generally, and the development of the respective schools in particular. They sketch this history in terms of the authority and scope of hermeneutical activity, two separate domains that are nonetheless intimately interconnected.