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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

282 THE DEVELOPMENT OF LEGAL REASONING

by 10 dirham, which he had very competently refuted once and for all in Tr. VIII. This doctrine of Shāfi'ī's is in keeping with his fully developed method of systematic analogy. He already possessed this method, it is true, when he wrote Tr. VIII, 11, but obviously it took him some time to work out all its implications. The Shāfi'ī school, starting with Muzanī,1 surprisingly perpetuated Shāfi'ī's earlier doctrine.2

These examples serve to show the varied and interacting tendencies which contribute to the broad general development of technical legal thought.

1 This is implied by him in Mukhtasar, v. 99 f.

2 To suppose a further change of opinion on the part of Shāfi'ī would be unwarranted.

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