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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

GENERAL INDEX

Abdallāh b. Dīnār (d. 127), traditionist, 256. Alternates with Nāfiʿ in isnāds, 163.

ʿAbdalmalik, Umaiyad Caliph (65–86), 168, 194, 203 f., 218, 225, 244.

Abū Ḥanīfa (d. 150), Kufian, 6, 239. His interest in traditions, 33. His legal reasoning, 270 ff., 284 ff., 294 ff. Disciple of Hammād, 238 f. Heard ʿAṭāʾ, 250.

Abū Yūsuf (d. 182), Kufian, 7. His attitude to traditions from the Prophet, 28. His interest in traditions, 33. His legal reasoning, 270 ff., 284 ff., 301 ff. His alleged books on the theory of law, 133.

Administrative practice as a source of law, 58 f., 60 n. 5, 63, 68, 70, 72, 74, 76, 78, 114, 191, 193, 198 ff., 205, 207, 209 f., 211 f., 216 f.

Ahl al-Kalām, see Muʿtazila.

ʿAlī, Caliph (35–40), authority of the Iraqians, 31. Traditions from him typical of the Iraqian opposition, 240 ff. Lack of Shiite bias in Iraqian traditions from ʿAlī, 242, or in Medinese traditions with Shiite imams in their isnāds, 263, 268.

Ancient schools of law, 6 ff. Their doctrine essentially the same, 21, 27, 75 f., 82, 87. Bases of their doctrine, 42. Apparent inconsistency of their doctrine, 21, 26, 32, 38 f., 60, 67, 74, 103 f. Their attitude to mursal traditions, 38 f. Consensus of the scholars their final argument, 42 f. On the defensive against traditions from the Prophet, 43, 47 f., 57, 63 n. 2, 80, 96. Put their doctrines under the aegis of individual Companions, 25, 31 f., 43 f., 66. Take their knowledge from the “lowest source,” 69, 77, 157. Their legal reasoning, 275 ff., 283 ff.

ʿAṭāʾ b. Abī Rabāḥ (d. 114 or 115), Meccan, 7, 87, 160, 167, 173 n. 3, 185 n. 2, 250 f., 279 f.

Auzāʿī (d. 157), Syrian, 34 f., 48, 70 ff., 119, 277 f., 285 ff., 288 f.

Balkhī (Kaʿbī) (d. 319), Muʿtazilite, 259.

Baṣrians, 8, 83, 85 f., 104, 219, 229.

Caliph, his authority in law according to Ibn Muqaffaʿ, 59, 95, 102 f. His ijtihād, according to Mālik and Rabīʿ, 116. His personal opinion, according to ʿUmar b. ʿAbdalʿAzīz, 119. Caliphs and ‘living tradition’, according to Auzāʿī, 34, 70 ff. His decisions irrelevant in law, according to Shāfiʿī, 59.

Caliphs, the first, 18, 24 f., 30, 62, 70, 167, 193.

Civil war, the end of the ‘good old time’, 36 f., 71 f.

Classical theory of Muḥammadan law, 1, 11, 43, 77, 94, 132, 133 ff., 137.

Codification, 59, 95.

Common transmitters of traditions, 171 ff.

Companions (of the Prophet), traditions from them, according to Shāfiʿī, 16 ff. According to the Medinese, 23 f., 26. According to the Iraqians, 29 f. Statistics, 22. Earlier than traditions from the Prophet, 20, 30. Later than traditions from Successors, 33. Later than practice, 63. Not authentic as a rule, 66, 150, 169. Their doctrine cannot be reconstructed, 169 f. of Ibn ʿAbbās, 250, 266 n. 5; of Ibn Masʿūd, 232 f.

Consensus, in the classical theory, 2, 94 f. In the ancient schools and in Shāfiʿī, 82 ff. Small minorities not taken into account, 259.

Custom and practice as a source of law, 64 f., 67, 70 f., 75, 147, 192 ff., 219 f., 277, 285 f., 288 f., 292, 294, 312, 314, 318.

Darāwardī (d. 187 or 189), Medinese, 7, 168, 174, 195, 245.

Egyptians, Egyptian Medinese, 9, 69, 100 ff.

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