Arabic Thought and Its Place in HistoryO'Leary, De Lacy
ReligionIslamic
Arabic Thought and Its Place in History
O'Leary, De Lacy
Philosophy, Arab
In orthodox Islam there are now four schools of jurisprudence showing
allowable differences in the treatment of the canon law. Most absurdly
they are sometimes described as “sects”: this they are not as the
differences of opinion are fully recognised as all equally orthodox.
The followers of Abu Hanifa form the most numerous of these schools,
the other three being all more or less reactionary as compared with
it. The contemporary Malik b. Anas (d. 179) was openly actuated by
dislike of the admission of _istihsan_ and the recognition thereby
given to “opinion” for this he substituted what he called _istislah_
or “public expediency,” allowing analogy to be set aside only when
its logical conclusion would be detrimental to the community. The
difference seems to be more a verbal correction than a material change,
but the underlying motive is clear and indicates an orthodox reaction.
At the same time he attached much greater weight to the evidence of
tradition, adding to it also the principle of _ijma_ or “consensus,”
which in his system meant the common usage of Madina. Undoubtedly Ibn
Malik’s position was theoretically sound: the Islamic state had taken
form at Madina and nothing could give so clear light on the policy
of the Prophet and his companions as the local customary law of the
mother city. At the same time Ibn Malik took tradition quite seriously,
indeed, the critical and scientific treatment of tradition begins with
his manual known as the _Muwatta_. To-day Ibn Malik’s school prevails
in Upper Egypt and North Africa west of Egypt. The third authority
_ash-Shafi`i_ (d. 204) takes an intermediate position between Abu
Hanifa and Ibn Malik, interpreting _ijma_ as the general usage of
Islam, and not of the city of Madina alone. The fourth authority,
_Ahmad b. Hanbal_ (d. 241), shows an entirely reactionary position
which reverted to a close adherence to Qur´an and tradition; it carried
great weight amongst the orthodox, especially in Baghdad, but now
survives only in remote parts of Arabia.
Public-domain text, read in full here on John Shaqi.
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