Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
SHĀFI'Ī'S REASONING 319
Tr. IX, 21: Shāfi‘ī shows the weak point in Abū Yūsuf's argument and combines dependence on traditions with good systematic reasoning, introducing a distinction between two separate legal aspects; he himself takes a moderate, intermediate line between Auzā‘ī on one side, and Abū Ḥanīfa and Abū Yūsuf on the other.
Tr. IX, 22: Shāfi‘ī applies systematic reasoning to the prima-facie meaning of traditions; his argument is less formal and less technically legal than that of Abū Yūsuf; in the reasoning of Abū Yūsuf the traditional and the systematic elements were still felt to be separate and opposed to each other, but in Shāfi‘ī's thought they are intimately combined.
Tr. IX, 28: Although partly anticipated by his predecessors (above, p. 317), Shāfi‘ī develops a new, systematic and at the same time tradition-bound doctrine, introducing a legal distinction for the first time; he is more consistent than either the Medinese or the Iraqians, but does not himself achieve full systematic consistency either, because he remains partly influenced by a tradition from Abū Bakr;1 the many references to the problem in Shāfi‘ī's writings (cf. Tr. III, 65 and Umm, iv. 66, 161 f., 174 ff., 199) show that he must have considered this decision important.
Tr. IX, 33: See above, p. 286.
Ikh. 182 f.: Common sense, though not very stringent reasoning by which Shāfi‘ī, with considerable doubt, tries to reconcile a harmonizing interpretation of traditions with systematic tidiness.
Ikh. 219 f.: Shāfi‘ī would prefer one of two contradictory traditions because it agrees with systematic analogy and with the generally held opinion, provided it were well authenticated;2 as it is not, he is obliged to follow the well-attested tradition to the contrary, and in order to make it more acceptable he gives some systematic reasoning, though vague and unconvincing, in its favour.
Ikh. 331: Shāfi‘ī does not succeed in harmonizing and rationalizing the contradictory traditions completely.
Ikh. 364: Shāfi‘ī combines deference to the sunna of the Prophet with systematic reasoning.
Ris. 76: Shāfi‘ī tries to rationalize irrational traditions but has to acknowledge that systematic reasoning sometimes breaks down over systematically irregular traditions; this shows how strong his urge to systematize is.
Umm, iv. 170: Shāfi‘ī's systematic reasoning is closely interwoven with his dependence on the sunna as expressed in traditions from the Prophet.
1 See above, p. 19 f., on Shāfi‘ī's doctrine regarding conflicts between analogy and traditions from Companions. 2 Cf. above, p. 14, n. 1.
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