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Bridging the Gap: Two Early Texts of Islamic Legal Theory
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Journal Article
Bridging the Gap: Two Early Texts of Islamic Legal Theory
2017
Overview
This article presents two short but complete treatises on legal theory (uṣbūl al-fiqh). The first was written by Ibn Surayj (d. 306/918) as an addendum to his compendium on Shāfiʿī law,al-Wadāʾiʿ, and the second by Abū Bakr al-Khaffāf (fl. early fourth/tenth century), who included it as an introduction to his legal textal-Aqsām wa-l-khiṣbāl. An analysis of these texts reveals the existence of a self-conscious legal-theoretical discourse around the turn of the fourth/tenth century that connects al-Shāfiʿī's (d. 204/820)Risālawith the so-called matureuṣbūltradition known from the late fourth/tenth century onward. The analysis also sheds considerable light on developments in legal theory in this period, such as the emergence of the termʿilla(cause), the parallel rise of legal dialectics (jadal), the consequences of adopting the idea ofwaḍbʿ(linguistic coinage), and generally the inclusion of theological concerns in legal theory.
