By Wael B. Hallaq
Wael B. Hallaq is already verified as some of the most eminent students within the box of Islamic legislations. In his newest ebook, he strains the heritage of Islamic felony concept from its beginnings until eventually the trendy interval. The booklet is the 1st of its variety in association, method of the topic, and demanding gear, and as such could be a necessary device for the certainty of Islamic criminal idea particularly and Islamic legislation typically. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to a person drawn to Islam and its evolution.
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Additional info for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh
Such a consensus “ Ibid. 6] Sisdk , 160. , 175 f£ 28 w A history o f Islamic legd theories would, in effect, be tantamount to knowledge of the first type —knowledge conveyed by the generality from the generality. But even if consensus is not known to be based on a text, the community, when it arrives at such a con sensus, is deemed infallible since it cannot in its entirety be ignorant of the Sunna of the Prophet. We know, Shâfi'l argues, that the community can agree neither on an error nor on a matter that is contrary to the Prophet's Sunna.
But even if consensus is not known to be based on a text, the community, when it arrives at such a con sensus, is deemed infallible since it cannot in its entirety be ignorant of the Sunna of the Prophet. We know, Shâfi'l argues, that the community can agree neither on an error nor on a matter that is contrary to the Prophet's Sunna. 63 Thus, it is obvious that, for Shâfi'l, all knowledge possessed by the gen erality and transmitted from the generality is certain, whereas knowledge that is the domain of the specialists is not Accordingly, a consensus of the specialists that is transmitted by the specialists is not certain.
In either case, it is clear to Shaft*! that nothing whatsoever in die Sunna contradicts the Quran; the Sunna merely explains, supplements or particularizes the Quran. At this point Shaft1! devotes a lengthy discussion to the relationship of the Sunna to the Quran, including the abrogation of one by the other. To illustrate the harmonious relationship between the two sources, he dis cusses their contribution to the construction of the law of marriage. In His Book, God has forbidden men to have sexual relations with women except through marriage and concubinage.
A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq