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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

AND CROSS - INFLUENCES 223

were to transform Umaiyad popular and administrative practice into Muhammadan law. The ascendancy of a single centre of Muhammadan jurisprudence must have been maintained over an appreciable period, because we find that the common ancient element sometimes comprises several successive stages of legal doctrine.

The fact that within the pre-literary period the cross-influences proceeded almost invariably from Iraq and not from Medina, shows that this centre was Iraq, and not Medina. Even when the question of influence does not arise, the doctrine of the Medinese often represents a later stage than that of the Iraqians.1 On the other hand, we repeatedly found the doctrine of the Iraqians more highly developed than that of their Medinese contemporaries.2 The Medinese have certainly not the monopoly of the foundation of Muhammadan jurisprudence, as has been sometimes supposed.3 Our conclusion, that Muhammadan jurisprudence originated in Iraq, agrees with the opinion of Goldziher.4

1 See e.g. above, pp. 161, 196 f.
2 See above, p. 133 and n. 1; below, pp. 241, 275 f., 311.
3 Cf. above, p. 213. 4 Principles, 299.

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