Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
THE IRAQIANS 229
held this office for sixty years or more, and to have died between A.H. 76 and 99, presumably before the year 80, at a very great age. Lammens has pointed out the lack of historical information about him,1 and Tyan has convincingly analysed his legend.2 The opinions and traditions ascribed to him are spurious throughout and are the outcome of the general tendency to project the opinions current in the schools of law back to early authorities.3 They often represent secondary stages in the development of legal doctrines.4 Nor is it rare to find two contradictory opinions ascribed to Shuraiḥ.5
B. ḤASAN BAṢRĪ
In contrast to the vague personality of Shuraiḥ, the historical Ḥasan Baṣrī is well known as one of the foremost pious men of Basra in the second half of the first and at the beginning of the second century A.H. But he was neither a lawyer6 nor even a traditionist.7 The specialists on traditions held most of the uninterrupted isnāds in which he appeared to be spurious.8 The dogmatic treatise which Ḥasan wrote at the command of the Umayyad Caliph 'Abdalmalik, and which therefore cannot be later than the year 86,' does not refer to any traditions from the Prophet or even from Companions.9
The legal opinions and traditions ascribed to Ḥasan are regularly shown, by closer investigation, not to be genuine.10 In later times, he was considered one of the main authorities of the Basrians; but too little is known of the doctrines of this ancient Iraqian school of law, for us to ascertain the importance which they may have ascribed to him.11
1 Omayyades, 77 ff. 2 Organisation, i. 101 ff.
3 See above, pp. 130, 218, 219.
4 See above, pp. 160, 195. Tr. I, 2: the argument ascribed to Shuraiḥ is of the same character as much in the reasoning of Ibn Abī Lailā. Tr. 1, 118, 120: the opinions ascribed to Shuraiḥ represent a rather highly developed stage of the doctrine.
5 See above, p. 194, n. 1, 220, n. 2. Compare further Tr. I, 112, with Comm. ed. Cairo, 75, n. 3; and Comm. ed. Cairo, 49, n. 3 with 50, n. 1.
6 Cf. H. Ritter, in Islam, xxi. 56 f. 7 Cf. ibid. 2 f.
8 Tirmidhi, at the end: Massignon, Essai, 156 f.; Ritter, ibid. 11.
9 See above, pp. 74, 141.
10 See above, p. 159 (highly suspect), 164 (a legal maxim expressed in a tradition from Ḥasan); below, p. 278 (the doctrine ascribed to Ḥasan in a late source reflects a secondary stage). This applies also to the doctrines collected by Massignon, ibid. 164 ff. 11 See above, pp. 8 and n. 4; 87.
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