“Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq
In: Islamic Law and SocietySearch for other papers by Youcef L. Soufi in
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Abstract
The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.
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| All Time | Past 365 days | Past 30 Days | |
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“Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq
In: Islamic Law and SocietySearch for other papers by Youcef L. Soufi in
Current site
Google Scholar
PubMed
Abstract
The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1424 | 213 | 18 |
| Full Text Views | 173 | 14 | 0 |
| PDF Views & Downloads | 450 | 43 | 1 |
