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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

132 ANALOGY AND PERSONAL OPINION

against the old idea of ijtihād. The doctrine expressed here, with all its implications, became part of the classical theory of Muhammadan law, but only after the time of Shāfi'ī. Bukhāri separated ijtihād from its old connexion with ra'y and qiyās,1 and Ibn Qutaiba, 19, 30, restricted the term mujtahid to the great scholars of the past who cannot be equalled, denying ijtihād to the contemporaries.

1 Kitāb al-i'tişām bil-kitāb wal-sunna, Bab mā jā' fı-jtihād al-qaḍā' bimā anzal Allāh.

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