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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

130 ANALOGY, SYSTEMATIC REASONING,

expressing this objection, which have been collected by Goldziher, are clearly apocryphal and occur only in late sources. This attitude is typical of the traditionists, and the traditionists were also responsible for a whole body of traditions from the Prophet, from Companions, and from Successors, disparaging ra'y and qiyās and often opposing it to the sunna of the Prophet. The statements hostile to reasoning which they put into the mouth of old authorities of the ancient schools themselves, are certainly not authentic, and the Iraqian and Medinese isnāds affixed to them are spurious.

Traditions with Iraqian isnāds

One of the oldest traditions of this kind is an alleged saying of Shuraiḥ against qiyās, quoted above (p. 119). It is already known to Auzā'ī (Tr. IX, 50), and appears in Dārimī (Bāb taghaiyur al-zamān) with an isnād through the Iraqian Sha'bī, who adds a remark of his own against qiyās. But the doctrine connected with these statements contradicts the uniform opinion of the Iraqians (Muw. Shaib. 289; Tr. VIII, 7), and we must conclude that the names of Sha'bī and Shuraiḥ were borrowed by the traditionists.1

We saw that the isnād of the main tradition in favour of ijtihād al-ra'y, containing the instructions of the Prophet to Mu'ādh b. Jabal, is Iraqian, though fictitiously Syrian in its upper part.2 A counter-tradition, the isnād of which is also (pseudo-)Iraqian in its lower and fictitiously Syrian in its upper part, replaces the recommendation of ijtihād al-ra'y by the order given to Mu'ādh to report to the Prophet in cases of doubt (Ibn Māja, Bāb ijtināb al-ra'y wal-qiyās).

Bukhārī (Kitāb al-i'tiṣām bil-kitāb wal-sunna, Bāb mā yudhkar min dhamm al-ra'y) gives a tradition with an Iraqian isnād, according to which Sahl b. Hunaif warns himself against ra'y, reminding himself of his own experience on the day of Ḥudaybiya during the lifetime of the Prophet, and applying it to his present situation on the day of Ṣiffīn. Here ra'y is identified with political disloyalty and made responsible for the civil wars in early Islam.

Dārimī (Bāb al-tawarru' 'an al-jawāb; Bāb taghaiyur al-zamān; Bāb fī karāhiyat akhdh al-ra'y) gives a number of traditions against qiyās, ra'y, and ijtihād from old Iraqian authorities, particularly Sha'bi. Others adduced are Ibn Mas'ūd, Masrūq, Ibrāhīm Nakha'ī, Ḥasan

1 Shuraih is also the recipient of alleged instructions from 'Umar which include ijtihād al-ra'y (see above, p. 104, n. 4); this is an authentically Iraqian tradition.
2 Above, p. 106.

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