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Customary Practices as Exigencies in Islamic Law

Customary Practices as Exigencies in Islamic Law I offer a corrective to Libson’s view that customs made their way into Islamic law in the formative period only through the ḥadīth and ijmāʿ genres. I argue that custom was incorporated into the law through the legal methodologies of Abū Ḥanīfa and Mālik. Due to the success of al-Shāfiʿī’s thesis, later jurists justified custom on grounds of necessity and exigency of the times rather than elevating it to the level of the four-source theory of Islamic law. Essential to this process of valorization of custom was a legal maxim developed by al-Juwaynī in the classical period. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Oriens Brill

Customary Practices as Exigencies in Islamic Law

Oriens , Volume 46 (1-2): 40 – Jan 1, 2018

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References (19)

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0078-6527
eISSN
1877-8372
DOI
10.1163/18778372-04601007
Publisher site
See Article on Publisher Site

Abstract

I offer a corrective to Libson’s view that customs made their way into Islamic law in the formative period only through the ḥadīth and ijmāʿ genres. I argue that custom was incorporated into the law through the legal methodologies of Abū Ḥanīfa and Mālik. Due to the success of al-Shāfiʿī’s thesis, later jurists justified custom on grounds of necessity and exigency of the times rather than elevating it to the level of the four-source theory of Islamic law. Essential to this process of valorization of custom was a legal maxim developed by al-Juwaynī in the classical period.

Journal

OriensBrill

Published: Jan 1, 2018

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