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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

THE REASONING OF INDIVIDUAL IRAQIANS 305

Tr. I, 60 f.: An inconsistency, see above, p. 272; other cases of inconsistency have been referred to before.

Tr. IX, 4: A weak systematic argument, easily refuted by Shāfiʿī.

Tr. IX, 13: Abū Yūsuf gives no real argument, and only assumes that 'this is too clear and obvious for any scholar to doubt it.'

Tr. IX, 20: Instead of standing by Abū Ḥanīfa’s competent technical reasoning, Abū Yūsuf allows himself to be drawn into a discussion on interpretation where his own arguments are rather irrelevant.

Tr. IX, 26: Abū Yūsuf tries to refute Auzāʿī, but can do so only from his own premises and not from those of his opponent.

Tr. IX, 27: Abū Yūsuf gives a good reply to Auzāʿī, and elaborates points of detail in Abū Ḥanīfa’s reasoning, without, however, going to the root of Abū Ḥanīfa’s systematic thought; the same applies to the parallel in Kharāj, 109, and Abū Yūsuf seems more interested than Abū Ḥanīfa in legal abstractions.

Tr. IX, 39: Abū Yūsuf gives a weak systematic reason, which is obviously beside the point, in favour of Abū Ḥanīfa’s doctrine.

A remarkable feature of Abū Yūsuf’s doctrine is the frequency with which he changed his opinions, not always for the better. The following are only a few typical examples.

Tr. I, 43: See above, p. 299.

Tr. I, 99: See above, p. 304.

Tr. I, 127: See above, p. 278 f.

Tr. I, 190: Abū Yūsuf followed at first the opinion of Abū Ḥanīfa, later that of Ibn Abī Lailā (above, p. 295).

Tr. I, 196: Abū Yūsuf shared at first the opinion of Ibn Abī Lailā, then adopted the result of Abū Ḥanīfa’s shrewd technical reasoning (above, p. 297 f.).

Tr. I, 222: Abū Yūsuf at first held the same opinion as Ibn Abī Lailā; later he adopted a solution which, compared with that of Abū Ḥanīfa, appears as a rough-and-ready expedient.

Ikh., 121: Abū Yūsuf adopted an opinion of the Ḥijāzis for two months, then abandoned it again.

Kharāj, 126 f.: See above, p. 302.

On another change of opinion by Abū Yūsuf see above, p. 183.

Sometimes the contemporary sources state directly, and in other cases it is probable, that Abū Yūsuf’s experience as a judge caused him to change his opinion. This is to his credit, as also is his occasional expression of doubt. But his frequent

1 Tr. I, 82 (above, p. 273), 84, 99, 112, 139 (above, p. 112), 150 (above, p. 274), 203. See also §§ 107 and 110 (above, p. 300).

2 Tr. I, 170, 211.

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