Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-06-20T00:43:17.998Z Has data issue: false hasContentIssue false

3 - The articulation of legal theory: II

Published online by Cambridge University Press:  05 October 2013

Wael B. Hallaq
Affiliation:
McGill University, Montréal
Get access

Summary

INTRODUCTORY REMARKS

armed with the knowledge of hermeneutical principles, legal epistemology and the governing rules of consensus, the mujtahid is ready to undertake the task of inferring rules. Inferring rules presupposes expert knowledge in hermeneutics because the language of the texts requires what may be called verification; namely, establishing, to the best of one's ability, the meaning of a particular text as well as its relationship to other texts that bear upon a particular case in the law. For this relationship, as we have seen, may be one of particularization, corroboration or abrogation. Before embarking on inferential reasoning, the mujtahid must thus verify the meaning of the text he employs, and must ascertain that it was not abrogated by another text. Knowledge of the principles of consensus as well as of cases subject to the sanctioning authority of this instrument is required to ensure that the mujtahid's reasoning does not lead him to results contrary to the established consensus in his school. This knowledge is also required in order to ensure that no case that has already been sanctioned by consensus is reopened for an alternative rule.

The certainty engendered by consensus places the rules subject to this instrument on a par with the Quranic and Sunnaic texts which are semantically unequivocal and which have been transmitted through a multiplicity of channels (tawātur). All other cases, however, are open either to a fresh interpretation or reinterpretation.

Type
Chapter
Information
A History of Islamic Legal Theories
An Introduction to Sunni Usul al-fiqh
, pp. 82 - 124
Publisher: Cambridge University Press
Print publication year: 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×