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Preface

Published online by Cambridge University Press:  05 October 2013

Wael B. Hallaq
Affiliation:
McGill University, Montréal
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Summary

perhaps there is no better way to introduce this book than to explain its title. The choice of the plural form “theories” is of course deliberate, intending to convey the distinct message that the present field of enquiry is by no means reducible to a monolithic set of ideas divorced from various historical processes. A central aim of the book is then to show that uṣūl al-fiqh, the theoretical and philosophical foundation of Islamic law, constituted an umbrella under which synchronic and diachronic variations existed. The plan of the book manifests this concern for unraveling the most essential features of these variations. In the first chapter, I discuss the evolving principles of jurisprudence, from their rudimentary beginnings down to the end of the third/ninth century, when uṣūl al-fiqh came into existence as an integral legal methodology. Of the three centuries covered in this chapter, the second receives a treatment that is largely in agreement with the conventional understanding in the field, an understanding first propounded by Joseph Schacht. With regard to the first/seventh and, especially, the third/ninth centuries, I offer a generally different interpretation. In the case of the first century, I subscribe neither to the traditional view that Islamic law, as a more or less mature system, began during or immediately after the lifetime of the Prophet, nor to the relatively recent view which places the rudimentary beginnings of this law around the end of the first century of the Hijra (ca. 715 a.d.).

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A History of Islamic Legal Theories
An Introduction to Sunni Usul al-fiqh
, pp. vii - x
Publisher: Cambridge University Press
Print publication year: 1997

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  • Preface
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.001
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  • Preface
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.001
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.

  • Preface
  • Wael B. Hallaq, McGill University, Montréal
  • Book: A History of Islamic Legal Theories
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801266.001
Available formats
×