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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

GENERAL INDEX 345

First century, authentic doctrines dating from it, 60, 100, 142, 234, 245.

'Five legal categories', 133 f., 136 n. 5, 284.

Foreign influences, 83, 95, 99 f., 182, 186, 187 n. 2, 216, 268 n. 4.

Ḥammād b. Abī Sulaimān (d. 120), Kūfian, 187 n. 4, 236 ff.

Ḥanafī school, 6, 29 n. 4, 85, 239, 306, 310.

Ḥasan Baṣrī (d. 110), authority of the Baṣrians, 87, 229. His dogmatic treatise, 74, 141.

Ibn ʿAbbās (d. 68), Companion of the Prophet, authority of the Meccans, 249 ff.

Ibn Abī Dhīb (d. 158), traditionist, 54 f., 65, 181, 206, 256.

Ibn Abī Lailā (d. 148), judge in Kūfa, 7, 161 f., 209 n. 2, 210 f., 239 f., 270 ff., 284 f., 290 ff., 300.

Ibn Masʿūd (d. 32 or 33), Companion of the Prophet, authority of the Kūfians, 31, 231 ff. His doctrine coincides with that of the Prophet, 29.

Ibn Muqaffaʿ (d. about 140), secretary of state, 58 f., 95, 102 f., 129 n. 3, 137.

Ibn Musaiyib (d. 93 or 94), authority of the Medinese, 7, 27, 87, 114, 243 ff.

Ibn Qāsim (d. 191), Medinese, 314 n. 4. Edits Mālik’s opinions, 118. Influenced by Shāfiʿī, 115 f., and by Shaibānī, 222.

Ibn Qutaiba (d. 276), traditionist, 257. Misrepresents Naẓẓām, 128. His attitude to human reasoning in law, 129.

Ibn ʿUmar, son of the Caliph ʿUmar (d. 73 or 74), authority of the Medinese, 25, and of the Iraqians by imitation, 32. Spurious nature of traditions transmitted from him by Nāfiʿ, 176 ff.

Ibn ʿUyaina (d. 198), traditionist, 256. Practises tadlīs, 37. ‘Tradition in praise of the “scholar of Medina”’ put forward in his name, 174.

Ibn Wahb (d. 197), Egyptian Medinese, 85.

Ibrāhīm Nakhaʿī (d. 95 or 96), authority of the Kūfians, 7, 33, 86 f., 105, 233 ff. His traditions from Ibn Masʿūd, 31, 39, 234. Authentic opinions, 60, 142.

Ijtihād, originally = discretion, estimate, 48, 105, 116. Use of individual reasoning (ijtihād al-raʾy), 99, 105 f., 115, 130. Use of analogy, 127 f. Later meanings, 132.

ʿIrāq, first centre of Muḥammadan jurisprudence, 223.

Iraqians, theoretical bases of their doctrine, 27, 109 f. Their interest in traditions, 27. Their method of interpreting traditions, 28, 30, 47 f. Recognize traditions from the Prophet as authoritative, 28. Put their doctrine under the aegis of the Prophet, 75 f.; see also Sunna of the Prophet. Their inconsistency with regard to mursal traditions, 39. Their arguments against traditions from the Prophet, 46 ff. Their authorities among Companions, 31 f., and among Successors, 32 f. Their inconsistency in polemics, 74. Their inconsistency with regard to consensus, 85, 87. Their inconsistency with regard to individual reasoning, 103 f. Their legal theory more highly developed than that of other schools, 29, 76, 87, 105, 133. Their legal reasoning, 275, more highly developed than that of the Medinese, 276 ff.

Isnād, defined, 3. Its origin, 36 f. Technical terms concerning isnāds, 36, 38. Interference with isnāds by tadlīs, 37. Isnāds put together carelessly and arbitrarily, 54, 163 ff. The most perfect isnāds the latest, 39, 165. Analysis of the isnād Mālik–Nāfiʿ–Ibn ʿUmar, 176 ff.

Jaʿfar b. Mubashshir (d. 234), Muʿtazilite, 259.

Judges and judgments, 54 f., 64 f., 68 f., 78, 100 ff., 103 f., 105 f., 121, 127, 131, 161 f., 168, 187, 191, 193, 209 n. 2, 210 f., 228, 239 f., 272 ff., 290, 292, 294, 300, 305.

Khabar, khabar lāzim (yalzam), 27, 110, 122, 129 n. 3, 136.

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