Development of Muslim Theology, Jurisprudence, and Constitutional TheoryMacDonald, Duncan Black
ReligionIslamic
Development of Muslim Theology, Jurisprudence, and Constitutional Theory
MacDonald, Duncan Black
Constitutional law (Islamic law); Islam -- Doctrines -- History; Islam and state -- History; Islamic law -- History
[Sidenote: THE QADI ABU YUSUF]
This method, as we shall see later, was vehemently attacked by his
opponents, as was his system in general. Yet that system by its
philosophical perfection—due to its theoretical origin—and perfection in
detail—due to generations of practical workers—has survived all attack
and can now be said to be the leading one of the four existing schools.
No legal writings of Abu Hanifa have reached us, nor does he seem to
have, himself, cast his system into a finished code. That was done by his
immediate pupils, and especially by two, the Qadi Abu Yusuf, who died in
182, and Muhammad ibn al-Hasan, who died in 189. The first was consulting
lawyer and chief Qadi to the great Khalifa Harun ar-Rashid, and, if
stories can be believed, proved himself as complaisant of conscience as
a court casuist need be. Innumerable are the tales afloat of his minute
knowledge of legal subtleties and his fertility of device in applying
them to meet the whims of his master, Harun. Some of them have found a
resting place in that great mirror of mediæval Muslim life, _The Thousand
and One Nights_; reference may be made to _Night 296_. Through his
influence, the school of Abu Hanifa gained an official importance which
it never thereafter lost. He wrote for Harun a book which we have still,
on the canon law as applied to the revenues of the state, a thorny and
almost impossible subject, for the canon law makes really no provision
for the necessary funds of even a simple form of government and much less
for such an array of palaces and officials as had grown up around the
Abbasids. His book is marked by great piety in expression and by ability
of the highest kind in reconciling the irreconcilable.
Public-domain text, read in full here on John Shaqi.
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