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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

348 GENERAL INDEX

according to Shāfiʿī, 77. Synonymous with traditions from the Prophet, 77 f. Sunna and Koran, 46 f. Traces of the old concept in Shāfiʿī, 79 ff. in the classical theory, defined, 2 f. The equivalent of the Koran, 148. of the Prophet, rare in ancient Medinese texts, 62. In Auzāʿī, 70. Originally an Iraqian concept, 73 f., 75 f. a term for 'recommended', and its ambiguous use, 133 f.

Syrians, 9. Influenced by Iraqians, 76, 119. See also Auzāʿī.

Ṭaḥāwī (d. 321), a Ḥanafī, his method of interpreting traditions, 30, 48.

Taqlīd, 6, 18.

Traditionists, 253 ff. Their criticism of traditions, 36. Not embarrassed by spurious traditions, 37. Their polemics in favour of traditions from the Prophet, 46 ff., 54 ff. Ignorant of law, 54, 129, 257, and inferior to members of ancient schools, 254. Their extremists, 57, 254. They try to change doctrines of ancient schools, 66, 144, 178, 184. Disparage human reasoning in law, 130 ff. Connected with Medinese opposition, 255. 'Islamicizing' the law not their monopoly, 255 f., 283 f.

Traditions, defined, 3. Their classical corpus, 3. Their character, 4. Current opinion regarding them, 57, 138. 'Isolated' traditions, 28, 50 ff. Science of traditions, 36 n. 1. Criticism of traditions on material grounds, 37 f., 45. Traditions from the Prophet an innovation, 20, 30, 40, 57, 59, 61, 63, and later than the 'living tradition', 80. Their gradual introduction into the ancient schools, 43. Recognized as authoritative by the Iraqians, 28. Regarded as co-extensive with the Koran, 53. Opposed to sunna by the Medinese, 61 f., and by the Iraqians, 73, 75. Opposed to 'practice' by the Medinese, 63 ff., and by the Iraqians, 75. Opposed to the 'living tradition' of the Medinese, 68. Their growth parallel with the development of doctrine, 66 f., 79, 159. A means of influencing the doctrine of a school, 66, 178, 215 f., 225 ff., 240 ff., 246 f., 249, 255, 263 f. Identified by Shāfiʿī with the sunna of the Prophet, 77. Traditions concerning the biography of the Prophet, 139, 153, 204, 267, 276, 301, 322. 'Mythological' traditions, 45 n. 3, 146, 256. Legal traditions from the Prophet not authentic, 149.

Traditions from Companions of the Prophet, see Companions. From their Successors, see Successors.

Umaiyad period, part of the 'good old time', 71 f.

ʿUmar, Caliph (13–23), an authority of the Medinese, 25, and of the Iraqians, 32. His instructions to judges, 104.

ʿUmar b. ʿAbdalʿAzīz, Umaiyad Caliph (99–101), often mentioned in traditions concerning Umaiyad practice, 62, 71 n. 3, 101, 119, 131, 144, 161, 167 f., 183, 192, 195, 199, 201, 205 f., 208 f., 217 n. 3, 285. Representative of the fictitious 'good old' practice, 34, 70, 192. His orders for recording traditions and sunnas, 62. His instructions against uniformity, 196. Consulted by a judge, 101. Restricts the right of the Caliph to personal decisions, 119. Disclaims legislative initiative, and follows traditions from the Prophet, 131, 144. References to him fictitious, 206.

ʿUthmān, Caliph (23–35), often mentioned in traditions concerning Umaiyad practice, 153, 192, 196 n. 2, 198, 200, 204, 206 n. 5, 207, 211 f., 285.

Yaḥyā b. Saʿīd (d. 143), Medinese, 248. Alternates with Rabīʿa in isnāds, 164.

Zuhrī (d. 124), Medinese, 24, 115, 244, 246 f. Alternates with Nāfiʿ in isnāds, 163. Traditions attributed to him, 175, 246. Credited with spurious opinions, 246.

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