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
There is no need to pursue this history further. With ash-Shafi‘i the
great development of Muslim jurisprudence closes. Legislation, equity,
legal fiction have done their parts; the hope for the future lay, and
lies, in the principle of the agreement. The common-sense of the Muslim
community, working through that expression of catholicity, has set aside
in the past even the undoubted letter of the Qur’an, and in the future
will still further break the grasp of that dead hand. It is the principle
of unity in Islam. But there is a principle of variety as well. The four
schools of law whose origin has been traced are all equally valid and
their decisions equally sacred in Muslim eyes. The believer may belong
to any one of these which he chooses; he must belong to one; and when
he has chosen his school, he accepts it and its rules to the uttermost.
Yet he does not cast out as heretics the followers of the other schools.
In every chapter their codes differ more or less; but each school
bears with the others; sometimes, it may be, with a superior tone,
but still bears. This liberty of variety in unity is again undoubtedly
due to the agreement. It has expressed itself, as it often does, in
apocryphal traditions from the Prophet, the last rag of respect left to
the traditionist school. Thus we are told that the Prophet said, “The
disagreement of My People is a Mercy from God.” This supplements and
completes the other equally apocryphal but equally important tradition:
“My People will never agree upon an error.”
Public-domain text, read in full here on John Shaqi.
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