Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
150 THE GROWTH OF LEGAL TRADITIONS
So far we have discussed the growth of legal traditions from the Prophet only. The following examples will show that traditions from Companions, too, were put into circulation during the whole of the literary period, including the time after Shāfi'ī. This does not contradict our previous conclusion that traditions from Companions precede, generally speaking, traditions from the Prophet,1 but shows that the insistence of Shāfi'ī and the traditionists on the overriding authority of the traditions from the Prophet did not prevail at once. Traditions from Companions are as little genuine as traditions from the Prophet, and must be subjected to the same scrutiny in order to ascertain their place in the development of legal doctrine.2
Traditions from Companions originating:
Between "Ibrāhīm Nakha'ī" and Abū Ḥanīfa:
Between "Ibrāhīm Nakha'ī" and Mālik:
Between "Ibrāhīm Nakha'ī" and Shaibānī:
Between Zuhrī and Mālik:
Between Auzā'ī and Shāfi'ī:
Between Mālik and Ibn Wahb:
1 See above, pp. 39, 33, &c.
2 See below, p. 169 f.
3 For a parallel case in Shāfi'ī, see below, p. 151.
150