Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
GENERAL INDEX 347
of traditions that go under his name, 177 f. Traditions ascribed to him not uniform and spurious, 178 f. Not a representative of school of Medina, 179. Naẓẓām (d. after 220), Mu'tazilite, 88, 128.
Projecting doctrines back into the early period, 66, 70, 156 f., 165, 232, 236 f., 238. Prophet Muhammad (d. 11), imitating his personal tastes, 49. Knows best how to interpret the Koran, 53. Traditions from him, see Traditions.
Qāsim b. Muḥammad (d. 106), authority of the Medinese, 113, 117, 243 ff.
Rabīʿ (d. 270), originally an Egyptian Medinese, then converted by Shāfiʿī, 13. His reasoning incompetent, 314.
Rabīʿa b. Abī ʿAbdalraḥmān (d. 136), Medinese, 54 f., 114 f., 247 f. Alternates with Yaḥyā b. Saʿīd in isnāds, 164.
Repeal, according to Shāfiʿī, 15. According to the ancient schools, 46, 48. According to the traditionists, 46 f.
Sālim, son of Ibn ʿUmar (d. about 106), authority of the Medinese, 113, 117. Alternates with Nāfiʿ in isnāds, 163. Traditions under his name transmitted in written form, 177 n. 4.
Scholars whose opinions count, 82, 84, 89, 94, 97, 113, 120, 127. Specialized scholars, 93. Their doctrine expresses the 'living tradition' of the school, 68 f., 70, 75. Their consensus, 42, 82 f., 85 f., 88 ff., 94, 96. It is mostly anonymous, 84, 86.
Sha'bī (d. 110), worthy of Kufa, 87, 230 f. Several groups of traditions put under his name, 131, 203 n. 4, 231, 241.
Shāfi'ī (d. 204), considers himself a member of the school of Medina, 9 f. His prejudice against the Iraqians, 10. Development of his doctrine, 10, 12, 20, 79 f., 88 ff., 120, 282. His inconsistencies, 14 f., 18 f., 38 f., 111, 122, 126, 134, 323 f. His debating devices, 11, 17, 21, 43 n. 1, 44, 52, 83 n. 1, 87 f., 93 n. 5, 109, 117, 324 f. His lack of objectivity, 321 ff. Accepts the thesis of the traditionists, 55, 253, 256, but not of their extremists, 57, 254. Argues against traditionists, 254. His method of interpreting Koran and traditions, 13 ff., 20, 56, 323 f. His lenient standards with regard to traditions, 37. His carelessness about isnāds, 38. His personal achievements in legal theory, 56, 77, 134. His doctrine an innovation, 59, 79, 93 n. 4, 97, 122. His prejudice against personal opinion, 113, 121. His main assumptions, 136. General characteristic of his doctrine, 137. His legal reasoning, 270 ff., 284 ff., 315 ff. Represents the zenith of Islamic legal thought, 287, 315 ff., 324 ff.
Shāfiʿite school, 6. Differs occasionally from Shāfiʿī's final doctrine, 282.
Shaibānī (d. 189), Kufian, 6, 10. His interest in traditions, 34. His inconsistency with regard to traditions, 32, 38. His legal reasoning, 270 ff., 284 ff., 306 ff.
Shuraiḥ, legendary judge of the first century, 228 f.
Sources of law, according to the ancient schools, 42. According to Shāfiʿī, 134 ff. According to Ṭabarī, 136 n. 1. According to the classical theory, 1 f., 135. Spurious information on ancient authorities, 65, 69, 78, 85, 93, 113 f., 117, 130 f., 151, 159, 194 n. 1, 195, 222, 229 ff., 235 f., 244 ff., 264.
Successors (of the Companions), traditions from them according to Shāfiʿī, 20, 123. According to the Medinese, 26 f. According to the Iraqians, 32 f., 109. Statistics, 22, 33. Earlier than traditions from Companions, 33. Mostly fictitious, see Spurious information.
Sufyān Thawrī (d. 161), Kūfian, 7, 205, 242, 286.
Sunna, the old concept, defined, 58. Called an innovation by Shāfiʿī, 60. Survival of the old concept, 80. Expressed in a tradition, 151.
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