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Mālik and Medina: Islamic Legal Reasoning in the Formative Period

Mālik and Medina: Islamic Legal Reasoning in the Formative Period

Hardcover

IslamGeneral LawGeneral World History

ISBN10: 9004211403
ISBN13: 9789004211407
Publisher: Brill
Published: Mar 22 2013
Pages: 554
Weight: 2.13
Height: 1.25 Width: 6.10 Depth: 9.25
Language: English
This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana. Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion (ra'y), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a four-source (Qurʾān, sunna, consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law (madhāhib) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.

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General World History