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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

242 THE IRAQIANS

and some of which are difficult to distinguish from the original doctrines ascribed to him.¹ A later echo of the disturbance created by the ʿAlī traditions occurs in Muslim² where Ibn ʿAbbās is made to object particularly to traditions from ʿAlī; an anonymous companion of ʿAlī is made to regret the falsifications introduced into the traditions from ʿAlī; and Mughīra b. Miqṣam Dabbī is made to say that traditions from ʿAlī are reliably related only by some of the Companions of Ibn Masʿūd. There is no trace of a bias in favour of Shiite legal doctrines in the Iraqian traditions from ʿAlī.

H. SUFYĀN THAURĪ

Sufyān Thaurī, a younger contemporary of Abū Ḥanīfa, belongs to the literary period but ought to be mentioned here as a Kufian³ who did not join the followers of Abū Ḥanīfa but founded a school of law of his own. He was claimed by lawyers, traditionists, and ascetics as one of them;⁴ Ibn Qutayba reckons him among the systematic lawyers (Maʿārif, 249), the author of the Fihrist (p. 225) among the lawyer‑traditionists.5 From the extensive fragments of his doctrines which have been preserved in Ṭabarī,6 we can judge with certainty that Sufyān Thaurī was above all a lawyer and a representative of the ancient schools.7 His opinions and reasonings, though on the whole definitely Iraqian, show that it would be a mistake to generalize, even within the circle of the Kufians, the uniformity of doctrine suggested by the isnād Abū Ḥanīfa—Ḥammād—Ibrāhīm.8

¹ Tr. II, 14 (b), 18 (m), and perhaps 18 (i), (n).
² Bāb al‑nahy ʿan al‑riwāya ʿan al‑ḍuʿafāʾ.
³ He was born and lived in Kufa, and died in Basra only by accident.
⁴ See Plessner in E.I., s.v. Sufyān al‑Thaurī.
⁵ See Goldziher, Ẓāhiriten, 4, on these arbitrary distinctions.
⁶ Ed. Kern and ed. Schacht.
⁷ See above, p. 205, on his attitude to the “living tradition.”
⁸ See, e.g., Ṭabarī, 64 (cf. below, p. 286), 76 (cf. below, ibid.), 97 (cf. Tr. IX, 18). And see above, p. 7.

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