The First Shāfiī: The Traditionalist Legal Thought of Abū Ya qūb al-Buwaytī (d. 231/846)

in Islamic Law and Society
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.

Help

 

Have Institutional Access?

Login with your institution. Any other coaching guidance?

Connect

Abstract

Abū Ya qūb al-Buwaytī, the first successor of Muhammad b. Idrīs al-Shāfiī, made an important but hitherto unappreciated contribution to the formation of the Shāfiī school of law and the convergence of the rival legal approaches of the traditionalists (ahl al- hadīth) and the rationalists (ahl al-ra'y) over the course of the 3d/9th century. An analysis of the content and transmission history of al-Buwaytī's recently discovered Mukhtasar, the earliest work of secondary Shāfiī scholarship, demonstrates that (1) the particular interpretation of al-Shāfiī's teaching developed and transmitted by al-Buwaytī was marked by a characteristically traditionalist emphasis on hadith; (2) al-Buwaytī's Shāfiīsm was ultimately methodological in nature, rooted in al-Shāfiī's legal hermeneutic and the central "hadith principle"; and (3) al-Buwaytī's hadith-oriented approach found its most enthusiastic audience among the ahl al-hadīth, to whom it offered a way of engaging in juristic reasoning (ra'y ) while maintaining the supremacy of hadith.

Sections
Index Card
Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 49 48 1
Full Text Views 397 397 0
PDF Downloads 486 486 0
EPUB Downloads 0 0 0