Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
AND PERSONAL OPINION 131
Baṣrī, Ibn Sīrīn, Qatāda. Some of these traditions presuppose the role of Ibn Mas'ūd and Ibrāhīm Nakha'ī as main authorities of the Iraqians; one in particular endeavours to minimize the doctrine which goes under the name of Ibrāhīm, by a self-deprecating statement which it puts into his mouth. The picture of Sha'bī as 'the strongest critic of ra'y and qiyās among the Iraqians' (Ibn Qutaiba, 69 f.) was created by the traditionists, but we find that Sha'bī occurs in the isnāds of traditions which ascribe early Iraqian ra'y and qiyās to Companions.1
A tradition with an Iraqian isnād which is extremely doubtful in all its links higher than Ibn 'Uyaina, makes 'Ali point out that reasoning by analogy has no place in a certain question of ritual (Tr. II, 2 (a)). This is a counter-move against the Iraqian traditions which ascribe ra'y and qiyās to 'Ali and other Companions.2
Traditions with Medinese (Meccan, Syrian) isnāds
See several of the traditions discussed above, pp. 54 f., 117 (on Muw. iv. 39), 119 (on 'Umar b. 'Abdal'aziz), and further:
Bukhārī (Kitāb al-i'tiņām bil-kitāb wal-sunna, Bāb mā yudhkar min dhamm al-ra'y): 'Urwa b. Zubair connects ra'y with the time of ignoramuses after real scholars have become extinct.
Dārimī (Bāb al-tawarru' 'an al-jawāb): 'Urwa b. Zubair warns against ra'y and suspects foreign influence in it.
Dārimī (ibid.): a tradition the isnād of which in its lower, historical, part is typical of the traditionists (all men from the town of Raiy), ascribes to the Meccan scholar 'Aṭā' the saying: 'I should be ashamed before Allah if my ra'y were taken as a norm on earth.' This is not genuine because we find 'Aṭā' use both qiyās (Tr. I, 124) and istiḥsān (Ibn 'Abdalbarr, quoted in Zurqāni, i. 108).3
Dārimī (Bāb mā yuttaqā min tafsīr hadīth al-nabī): 'Umar b. 'Abdal-'aziz said in a sermon: 'There is no Prophet after ours, and no holy book after ours; what Allah has allowed or forbidden through our Prophet, remains so forever; I am not one who decides (qāḍī) but only one who carries out (munfidh), no innovator but a follower.' This tradition in the isnād of which occurs Mu'tamir b. Sulaimān, who was responsible for several traditions with a traditionist bias,4 is directed
1 See above, p. 104, on Tr. II, 12 (a), 18 (w); p. 108, on Tr. III, 54. On Sha'bī in general, see below, p. 230 f.
2 See above, pp. 104, 106.
3 This istiḥsān is a genuine old opinion, though not necessarily authentic for the scholars to whom it is ascribed. On Aṭā' in general, see below, p. 250 f.
4 See above, p. 56.
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