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Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory:

Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory: <jats:sec><jats:title>Abstract</jats:title><jats:p>The controversy surrounding ijtihād and Taqlīd is well-known in modern scholarship. In the present essay, I offer an alternative to the leading views on this crux by treating the issue of scope in the jurisprudential writings of Shihāb al-Dīn al-Qarāfī as a reflection of the manner and direction in which the Islamic legal tradition tended to develop subsequent to the so-called settling down of the four schools of law. At the center of this development stood the highly intricate and spirited institution of Taqlīd, and I posit a causal relationship between the emergence of this institution and Muslim jurists' increased interest in issues such as scope. I also treat the technical aspects of al-Qarāfī's theory and compare it with the theories of a number of his predecessors.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory:

Jackson, Sherman
Islamic Law and Society , Volume 3 (2): 165 – Jan 1, 1996
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Publisher
Brill
Copyright
© 1996 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
DOI
10.1163/1568519962599104
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The controversy surrounding ijtihād and Taqlīd is well-known in modern scholarship. In the present essay, I offer an alternative to the leading views on this crux by treating the issue of scope in the jurisprudential writings of Shihāb al-Dīn al-Qarāfī as a reflection of the manner and direction in which the Islamic legal tradition tended to develop subsequent to the so-called settling down of the four schools of law. At the center of this development stood the highly intricate and spirited institution of Taqlīd, and I posit a causal relationship between the emergence of this institution and Muslim jurists' increased interest in issues such as scope. I also treat the technical aspects of al-Qarāfī's theory and compare it with the theories of a number of his predecessors.</jats:p> </jats:sec>

Journal

Islamic Law and Society – Brill

Published: Jan 1, 1996

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