© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157005808X364599 Arabica 55 (2008) 505-527 www.brill.nl/arab Some Preliminary Observations on al-Šāﬁ ʿ ī and Later Us ̣ ūl al-Fiqh : Th e Case of the Term bayān Joseph E. Lowry University of Pennsylvania Abstract Th is article follows the reception of Šāﬁ ʿ ī’s (d. 204/820) concept of bayān , beginning with G ̌ āh ̣ iz ̣ (d. 255/868) and continuing with discussions in selected later works of us ̣ ūl al-ﬁ qh . For Šāﬁ ʿ ī, in his Risāla , the term covered categories of divine legislative pronouncements and hermeneutical categories for addressing apparent contradictions between them. G ̌ āh ̣ iz ̣ , in the course of elabora- ting his own, diﬀ erent concept of bayān, seems to have been polemically engaged with Šāﬁ ʿ ī’s. For G ̌ āh ̣ iz ̣ , as for the later us ̣ ūl authors, the term connotes a successful act of communication, yet later authors continued to attempt to explain Šāﬁ ʿ ī’s use of the term, which ﬁ t badly into their own conceptual framework. Th e disjunction between Šāﬁ ʿ ī’s and later authors’ use of the
Arabica – Brill
Published: Jan 1, 2008
Keywords: COMMUNICATION; LINGUISTICS; ISLAMIC LAW; LEGAL THEORY; BAYAN; USUL AL-FIQH; GAHIZ; SAFII
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