Was al-Shafii the Master Architect of Islamic Jurisprudence? Author(s): Wael B.

Hallaq Source: International Journal of Middle East Studies, Vol. 25, No. 4 (Nov., 1993), pp. 587-605 Published by: Cambridge University Press Stable URL: http://www.jstor.org/stable/164536 Accessed: 28/11/2008 06:03
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Int. J. Middle East Stud. 25 (1993), 587-605. Printed in the United States of America

Wael B. Hallaq

WAS AL-SHAFICI ISLAMIC

THE

MASTER

ARCHITECT

OF

JURISPRUDENCE? I

During the last three or four decades, modern scholarship has increasingly come to recognize MuhammadIbn Idris al-Shafici (d. 820) as having played a most central role in the early development of Islamic jurisprudence. It was Joseph Schacht who, more than anyone else, demonstrated Shafici's remarkablesuccess in anchoring the entire edifice of the law not only in the Qur'an, which by his time was taken for granted, but mainly, and more importantly, in the traditions of the Prophet.' Shafici's prominent status has been further bolstered by the fact that he was the first Muslim jurist ever to articulate his legal theory in writing, in what has commonly become known as al-Risdla.2 Schacht's portentous findings, coupled with the high esteem in which Shafici is held in medieval and modern Islam, have led Islamicists to believe that Shafici was the "father of Muslim jurisprudence" and the founder of the science of legal theory, properly called usul al-fiqh.3 His Risala is thought to have become "a model for both jurists and theologians who wrote on the subject."4And although it is acknowledged that later theory furtherelaborated the themes of Shafici's treatise and sometimes even modified them, the origination of legal theory nonetheless remains his achievement. The medieval dictum that "Shafici is to usul al-fiqh what Aristotle was to logic" is still as valid as when it first appeared.5 This being the state of our knowledge, there appears to be little reason to question the purportedfact that since its inception in the work of Shafici, usuiil al-fiqh, as we now know it, became, in an unwavering continuity, the standardlegal methodology of Sunni Islam. There is even less reason to question the 9th century, chronologically so close to Shafici, as an era that was dominated by the influential Shaficites who were zealously safeguarding the teachings of their master. True, there were some tendencies in legal thought-such as the Zahiriyya-that diverged from the mainstream jurisprudence as expressed in the legacy of Shafici, but these soon dropped altogether out of the scene and, consequently, they are thought to be rather marginal. Thus, the continuity between Shafici's theory and classical usul al-fiqh would seem to represent a naturaldevelopment, especially in that it tallies with our
Wael B. Hallaq teaches at the Institute of Islamic Studies, McGill University, 3485 McTavish Street, Morrice Hall, Montreal, Quebec H3A 1Y1, Canada. ( 1993 Cambridge University Press 0020-7438/93 $5.00 + .00

effect during most of the 9th century. Historical evidence in the early and medieval sources is not only discordant with this assumption but. In the following pages I shall attempt to show that we have no good reason to believe that such a continuity ever existed. not only as the "master architect" of Islamic jurisprudence. for instance.8 Thus. dealing with such issues as rituals. The assumption of this continuity. also seems to contradict it. after 835). 884). notice occasional references to such thinkers as Nazzam (d.6 but as the jurist-victor who brought the 8th-centuryunbridledlaw down to the knees of revelation."10 law. ). as we shall see. 847) have transmittedthe usul of Abu Yusuf and Shaybani.. 'Isa ibn Aban (d. It immediately turns out that these books dealt with such subjects as prayer. the entire subject matter offuru'. But in searching for titles that refer to treatises on legal theory one must be cautious. and their like. fasting. and so forth. is a work on positive Mabsut. 798) was the author of works on usul (lahu min alkutubfi al-usul. is also reported as having written "books on usul" regarding such subjects as prayer. That we possess no complete work on the subject from that century initially becomes clear from reading the later usul authors who mention from this period no work that can be identified as a treatise on usul al-fiqh proper. if any. upon a close examination of the sources.7 subjects clearly belonging to positive law (furu). and what he transmitted was entitled alThe latter. 826) and Ibn Samaca (d. Nor do these authors mention any authority from this period with whom we can associate a complete exposition of legal theory.588 Wael B. we expect. alms tax. that Shafi'i's Risala and the theory that it embodied had very little. did not write works on usul alfiqh. Ibn al-Nadim also informs us that al-Rabi' ibn Sulayman al-Muradi (d. Hallaq perception of Shafi'i.9 it is beyond doubt that what they have transmittedare positivelaw works of the two Hanafite masters. Ibn al-Nadim reports. family law. Dawud al-Zahiri (d. 835). respectively. and that the image of Shafi'i as the founder of usul al-fiqh was a later creation. By that we mean a work whose primary task is to lay down a systematic. turns out. Similarly.. the absence of such works from the 9th century becomes even more evident. 884) has "transmitted Shafi'i's works on usul. however. in its aggregate effect. II The most striking fact about the 9th century is that it yields no single work on usul al-fiqh. and are nearly always cited as proponents of erroneous and even heretical doctrines that are to be refuted. and organically structured legal methodology whose purpose in turn is to derive legal rulings from the material sources-as was clearly the case in the 10th century and thereafter. to be seriously flawed. prayer. When biographical and bio-bibliographical dictionaries are consulted. that the Hanafite Abu Yusuf (d.lI It is significant that the application of the term usul to . for the term usul had a wide range of applications. and so on. but they. We do. and of Shafici as the master architect of legal theory. Taj al-Din al-Subki explicitly tells us. Abu Yusuf's younger contemporary. and. when we read that Mu'alla ibn Mansur al-Razi (d. 805). Shaybani (d. comprehensive. sales.

not necessarily confined to usul al-fiqh. and al-Khusuiis wa-al-'umum. one would have no reason whatsoever to doubt that Ibn Maryam al-Aswani's Jumal al-usul al-dalla Cald al-furii fi al-fiqh. al-Qadi al-Nu'man. however. the 9th century produces no work whatsoever that has the complete characteristics of usuil al-fiqh. the author would occasionally object to these doctrines. in fact.. in this treatise."20 Interestingly. disagreements on positive legal doctrine. seems to have been the defense of one juridical-and perhaps theologically related-position or another. Subki. there are instances where the term could be misleading. was predominant not only during the lifetime of Ibn al-Nadim.. for instance. 1370). 920) treatise entitled. as Goldziher rightly noted.'8 Qasim ibn Sayyar (d. is a work that treats legal theory. remarks that it is "one of the earliest usul (min al-usuiil al-qadima) . In any case. Its main subjects are positive law and khilifiyyat. The author mentions that the work represents an abridgment of the doctrines. somewhat of an exception.Architect of Islamic Jurisprudence? 589 Al-ShafiCi. This work. confirms the data provided by the biobibliographical sources. mainly polemical. there is no allusion to such works. In it.16 In the hundreds of titles and bio-bibliographical notices belonging to the 9th century. felt compelled to explain to us that "what is meant by usul [in the title] are the doctrines (nusus) of Shafi'i. to whom a copy of the work was available in the waqfiyya of Dar al-Hadith in Damascus.. as attested in their titles. impressed with it. but not to lay down. wrote on qiyas and ijtihad al-ra9y. if we take into account the ambiguities involved in the use of the term usiul. is to discover God's law.. consciously and deliberately. 1010) Jamc al-jawdmi fi nusus alShdfici-a work clearly treating positive law'2-Subki. 'Isa ibn Aban. and has become one of the usiil of the [Shaficite] school of law. Ibn al-Nadim. 889) also wrote two treatises. Ibn Shubruma. one on solitary traditions and the other in refutation of muqallids. ca. among Abu Hanifa. Ibn Abi Layla. Dawud ibn Khalaf al-Zahiri. put into circulation in order to dismiss the theological scruples of the reaction inclined towards traditions. written presumably in the very beginning of the 10th century. as he did in the chapter on bequests" (italics mine). particularly. Shafici. writing around the middle of the 10th century. Khabar al-wdhid. . interestingly enough.19The authors associated with such specialized tracts are known to have been involved in the polemics that so much pervaded the 9th century. bearing such titles as Fi ithbat al-qiyas. much less on all the issues subsumed under usul. it is significant that no jurist is reported to have written-whether in one or several treatises-on all of these issues. as was declared later."13 Although it is often possible to establish whether or not the term refers to works on legal theory.'4 Likewise. But these works. but the fact is that it does not.15 Now. .17 All that is to be found in the sources are individual treatises. composed a number of works in refutation of a variety of doctrines held by other jurists. And in his refutation of the usul principles of Sunni juristic thought... The purpose of these treatises. has nothing to do with legal theory. a wide range of writings. but even as late as the time of Subki (d. Having read Ibn al-'Ifris's (d. Naqd ithbdt al-qiyds. al-IjmdC. Malik. are "pamphlets against Hanafite works . his two students. An excellent example is Abu Yahya al-Saji's (d. among the works attributed to Dawud is a tract entitled al-Usul. an organically structuredlegal methodology whose explicit raison d'etre.Abu Thawr and others. Ijtihdd al-ra'y. . . lists the work in . Usuiil al-fiqh.

we are suddenly confronted with at least five commentaries on the Risala. they are markedly absent in those belonging to the 9th century. the treatise.26 The third. when commentaries and abridgments have already become commonplace. and each time I read it I learn something that I have not known before. Having been asked by his student Marwadhi whether the Risala is worth studying. But more on this later. before he finally settled in Egypt where he is thought to have written the new Risala. who is reported to have "read the Risala" under his mentor. Ibn al-Nadim remarks that "we need not mention them here. or abridgement of. Moreover. . Having already enumerated these kutub-clearly treating positive law-in the bio-bibliographical notice of the master. one of Shafi'i's most distinguished students. such descriptions become not only frequent but indeed the norm. 874). Abu Sacid al-Raqqi. Hallaq the midst of titles on positive law." "he excelled in usul. the Risala of Shafici is mentioned rarely in the context of the 9th century.24 But this recommendation is contradicted frequently by Ibn Hanbal's other statements where he reportedly shuns the work. The first appears in Ibn Hanbal's statement in which he allegedly recommends the Risala to Ibn Rahawayh (d. This is at a time. while such statements as "he studied usul under so and so" are countless in the biographies of the 10th century and onwards. that what is assumed to be the usuilequivalent of Aristotle's Organon should be thoroughly ignored in a century that is considered one of the most dynamic phases in Islam's intellectual history. "I have been reading the Risala for fifty years. it is usually in passing. and when it is alluded to. once the 10th century looms on the horizon. "on the model of Dawud's work" that consists of a hundred chapters (kutub)." "he was most knowledgeable in usuil. we must emphasize. On the other hand. however."27We should. also titled al-Usul. however. that he read the old version of the treatise. wrote a work. there are three prominent references to the treatise in the sources. adding that it is religiously dubious. In the immense literature relative to the legal movement of the 9th century.21 That the work did not treat usul al-fiqh may also be gleaned from the fact that a student of Dawud. 853). one of which is quoted frequently. hasten to assert that such references to the treatise are relatively few and cannot be culled from the sources with ease. to say the least. with one partial exception. he is said to have replied in the negative."were.25The second instance concerns Abu CAli al-Za'farani (d. Such descriptions as "usuli."22 The proposition that the 9th century was devoid of works on usuil al-fiqh finds further attestation in the manner in which the biographers cover this in comparison with their treatment of later centuries. To add to all this. It is striking that once the biographers move to the 10th-century authors. The biographers never employ nomenclatures indicative of specialized knowledge of legal theory to characterize authors of the 9th century.590 Wael B. since he is commonly associated with transmitting Shafi'i's old doctrines. It is curious.23 absent from discourse on the 9th century. One of the most significant pieces of evidence pointing to the marginal importance of the Risala is the complete absence of any contemporarycommentary on. on the pedagogical plane." "he wrote on usul. oft-quoted reference is to Muzani's statement. It is highly likely. doctrines the latter had presumably elaborated in Hijaz and Iraq.

Since both Misri and Shafici obviously agree on the fundamental role of the two primary sources of the law and since the controversy about the textual authoritativeness (hujjiyya) of methodological principles is of a decidedly later origin. it is thought that it "was written originally This is entirely in consonance as an apologia for the supremacy of the traditions. and even resented.35our assumption would be challenged by evidence from the sources. There were several individuals and groups who must have disagreed with. criticized his former mentor in a treatise he entitled al-Radd Caldal-Shdfici fimd khalafa fihi al-Kitdb wal-Sunna. but ratheron Shafi'i's Kitab sifat nahy Rasiiul Allah. Nor is there to be found a refutation of the Risala-again in a century whose landmark was the intensity with which scholars refuted one another. which constitutes less than two pages of his multivolume furuC work alThe greater part of Muzani's work (consisting of a total of ten pages) turns Umm. for instance. particularly our current perception of the nature of the Risala.28 Interestingly. whose beliefs clearly ran counter to the ideas expressed therein. It would not be amiss at all to ask whether the treatise truly qualifies as a work of usul al-fiqh. we need not stress the added significance of the fact that the Risala attracted neither commentary nor criticism when Shafi'i's positive law was subject to both. 881). found no justification in the Qur'an and the Sunna.31for example.34 Thus.30Fortunately. Kitab al-amr wa-al-nahy cald ma'nd al-ShafCi'. 884).Al-Shafici.29 out to be an exposition of his own views on the subject. which Shafi'i wrote after he settled in Egypt. Although virtually nothing is known about the old Risala. if we assume the Risala to be the first treatise on legal theory and Shafici to be the father of the science of usul al-fiqh.33Judging from the title. Yet there exists no trace of any attack directed explicitly against the treatise. the work could be treating only some of Shafi'i's positive legal rulings that. The fact that the Risala did not elicit any refutation in the first century of its life gains added significance in light of the critiques and refutations directed against Shafi'i's system of positive law. 878) short work. Misri apparentlythought. and we are able to confirm its elementary nature. it is a gloss not on any section of the Risala. There were the rationalists and the extreme traditionalists.32And Muhammad ibn 'Abd al-Hakam al-Misri (d. Architect of Islamic Jurisprudence? 591 The only so-called usuiil commentary on Shafici known to us is Muzani's (d. Thus. we must take it that the treatise dealt with issues of furii. It would then make perfect sense to question these assumptions. Muzani's treatise has survived the ravages of time. the most prominent disciple of Shafici. should comment on a rather slim section of a work on positive law and ignore the Risala altogether is a fact that speaks for itself. That Muzani. The Hanafite Bakkar ibn Qutayba (d. who abandoned Shafi'i in favor of the Malikite school. wrote against Shafi'i's critique of Abu Hanifa. We have earlier intimated that the Risala we now know represents the new or last version of the work. as shall be seen later."36 . Again we observe that in the 10th century we do come across such refutations. what Shafi'i had to say in his treatise.

is superficial and hardly provides an adequate explanation of how Shafi'i arrived at his own legal rulings or. The characterization of the old Risala quoted earlier is apt if we are to judge the old version by the new. it is mainly for the purpose of demonstrating that the Sunna can. let alone full. it would not be far off the mark if we characterize it as a work concerned mainly with the Sunna of the Prophet and the utilization of hadith in the . On the whole. Hallaq with what we know of Shafici's scholarly achievement. make it incumbent upon Muslims to follow the Prophet and abide by his Sunna. the permeating theme remains the same: all law and legal reasoning must rest on the Sunna and the QurDan. the general and the particular(khdss/Cadmm)-are discussed.When issues of language-for example.592 Wael B. (5) a legal ruling derived from unambiguous and widely transmitted texts is certain and subject to no disagreement. The exposition of the theory of abrogation. At best. Other issues that receive treatmentby Shafici are discussed not so much for their own sake as for the sake of defining their relationship with the Sunna. Shafici believes.38For after all. abrogation. The latter is predominantly a hadith work. are virtually absent from this one. In the more recent Kilani edition of the work. In short. but it also leaves out altogether a host of fundamental questions considered part of. Shafi'i's exposition of these propositions remains rudimentary as well as erratic. treatment of the issues it raises. which occupy on average one-fifth to one-fourth of later treatises. for instance. namely. In the final analysis. (3) there is no contradiction between the Sunna and the Qur'an. approaching the work without preconceptions and presuppositions. usul al-fiqh's whole purpose is universally acknowledged to be the prescription/descriptionof a methodology by means of which legal rulings can be derived from the sources. the Risdala appears to offer a numberof propositions: (1) law must derive from revealed scripture. (4) the two sources complement each other hermeneutically. Significantly. in the sense that the emphasis on the role of Prophetic traditions in the law represents its overriding and recurrenttheme. and so forth. which one may argue is the best the Risala has to offer apart from the treatmentof the Sunna. causation. (6) the procedures of qiyas and ijtihad and the sanctioning instrument of consensus are prescribed by the revealed texts. legal reasoning. Even when other issues are discussed. a dozen pages. and should. together with the Qur'an. if any. as in the case of istihsdn and qiyas. or among verses or hadiths within each of the two sources.37 about 130 pages out of a total of 257 are entirely allotted to various issues of hadith. Questions of legal language. the Risala not only lacks depth and shirks from a satisfactory. attention. and indeed indispensable for. as the exclusive material sources of the law. usul alfiqh. receive little. treat Qur'anic statements that. is intended to delineate the relationship between the Qur'an and the Sunna when there is a conflict between the two. how anotherjurist can learn from Shafici in reasoning about the law. A legion of questions pertaining to consensus. alternatively. that his ultimate goal was to establish the Prophetic traditions. (2) the Sunna of the Prophet constitutes a revelation binding in legal matters. the Risala has little to offer in the way of systematic methodology. and finally. constituting an independent section. particularize and explain the Qur'an. whereas a ruling that is inferred by means of ijtihad and qiyas may be subject to disagreement. Even the section on legal reasoning (qiyas and ijtihad). Substantively.

and Shafici himself does not seem to have allied himself unequivocally with either camp. If a similar thesis were advanced with any marked force before Shafi'i's time. asserts that the staunch Mu'tazilite Bishr alMarisi was an associate (sahib) of the master. in both early and later sources. All indications in the sources point in one direction and one direction only: Shafi'i defended the traditions of the Prophet but he was neither a loyal traditionalist nor an outstanding traditionist. it is not without good reason that the Urdu translation of the treatise bears the title Kitab al-risala yacnl usul-i fiqh va hadls. that it would be imprudent to ignore them. But there are so many references to the contrary. reports that the scholars are unanimous on the fact that the latter had been Shafi'i's mentor.45 All these connections. Neither side. Architect of Islamic Jurisprudence? 593 elaboration of the law. strictly speaking. lies rather in his resilient affirmation that God and. His Messenger are the ultimate sources of the law. who were reluctant to accept Prophetic traditions.41 Shafi'i was not entirely innocent of Mu'tazilite association. Indeed. it is relatively easy to explain the lack of interest in it during the century that followed its author's death. except Shafici himself and perhaps a few others subscribed to a synthesis of the entirety of these propositions.43 Furthermore. sensibly reconciling the two camps. do more to cast a shadow of doubt on Shafi'i as a traditionalist than to make him a Mu'tazilite.40 In other words. But if it is a synthesis. As a traditionalist he betrayed his comrades when he insisted on the essential role of qiyas in the law.44Another of Shafi'i's Mu'tazilite connections is associated with the name of Abu 'Abd al-Rahman al-Baghdadi. 974). which by the most intolerant traditionalist standards he clearly was not. however. propositions 1-4 were addressed to the rationalists and proposition 6 to the traditionalists. In later literature he is made the champion of both orthodoxy and the Sunna of the Prophet (nasir al-Sunna). There simply was very little-besides the affirmationthat the Sunna and the Qur'an must constitute the exclusive foundations of the law-that Shafici offered in the way of founding principles of usul al-fiqh. And as a traditionist his knowledge was flawed. in a work entirely dedicated to the virtues and merits (manaqib) of Shafi'i. we have come to realize that his was an unprecedented synthesis between the rationalists. himself a Shafi'ite and an anti-Mu'tazilite. A careful examination of the sources reveals that he was indeed difficult to classify. and the traditionalists who spurned all human reasoning in religious matters.39 Once the Risala is cut down to size. Shafi'i's theory appealed neither to the traditionalists nor to the rationalists.42Al-Fakhr al-Razi. he certainly was no traditionalist. If Shafi'i was decidedly a non-Mu'tazilite and. but he studied under Mu'tazili teachers. more specifically. as we now see it.Al-Shafi'i. which is intended to mean (when it rarely fails to be stated explicitly) that he was an antirationalist.the Shafi'ite al-Abiri (d. notably Ibrahim ibn Abi Yahya al-Madani and Muslim ibn Khalid alZanji. a nonrationalist. Even if we set aside the allegation that he was a Shi'i. Not only did he himself admit his intimate knowledge of rationalist kalam. and indeed as medieval Muslims seem to have viewed it. The list of 9th-century critics who disapproved of Shafi'i's qualifications as . with the benefit of hindsight. why then was it met with such oblivion? Among the aforestated propositions that Shafici advanced and brought together in the Risala. we would not have thought Shafi'i's thesis an achievement. But we do consider it so precisely because. His achievement. (such as Karabisi!).

and that all scholars agree that he had Muctazilite tendencies.594 Wael B. but as a muhaddithhe certainly was considered far from qualified. likewise belonged to neither camp. 889) two notorious lists of the traditionalists and the rationalists.48And Ibn Hanbal is said to have told one of his students that the traditionist has no use for Shafi'i's books.47 and they are widely reported to have considered him a weak traditionist (kana daclfanft al-riwiiya). even Ibn Hanbal. while Shafici emerges as a non-Mu'tazilite. those who criticized Shafici happened to belong to both groups). true. who is universally considered to have been Shafi'i's chief follower until the eighth decade of the 9th century. Hallaq a traditionist includes Yahya ibn Mucin. It should not come as a surprise. the prominent Bukhari (d. he is known widely as a professor or an expert in speculative theology (ustddhanfi Cilm al-kalam). it is hard to imagine that the most prominent student of Shafici could have been as inclined to rationalism as the later enthusiastic Shaficites reportedhim to be when his master is supposed to be a paragon of traditionalism.49 Thus.53 Indeed. Karabisi has been revealed through the sources as a scholar with an experience similar to Shafi'i's: he first followed the doctrines of ahl al-ra'y but was soon to find the fiqhl truth not only in the Qur'an but also in the Sunna of the Prophet. though no title on the subject has been associated with him. and in any case they failed to make their way to later jurisprudence. and. is quite possible.52In addition Muzani had strong leanings towards Ictizal.57That he may have studied or written on usul al-fiqh. If Muzani could stand in the middle of the road between traditionalismand rationalism.46In their standard collections. 870) and Muslim (d. IV It has already been noted that while the 9th century produced neither works on usul nor commentaries on or refutations of the Risala. The most eloquent testimony for Shafi'i's uncertain status in the religious movement of the 9th century is the distinct absence of his name from Ibn Qutayba's (d. al-Qasim ibn Sallam. 875) recorded not a single tradition from Shafici. if any. Ishaq ibn Rahawayh. Muzani. represented an advance over Shafici is improbable. his qualifications as a traditionist were considered suspect by some eminent hadith scholars. therefore. that Shafi'i belonged neither to the camp of the rationalists nor to that of the traditionalists.56and like Shafi'i and Muzani. Muzani. reportedly. in the same sense Shafici and Muzani did. a stunning . was an outstanding faqih (ra'san fi al-fiqh) and dialectician. AlFakhr al-Razi reports that he studied kalam under the distinguished Muctazilite 'Amr ibn 'Ubayd.55Furthermore. it is because his illustrious mentor had stood there before him. That his writings.51an absence that can be explained only when Shafici is situated properly in the ideological configuration prevailing during the century following his death. he most certainly did not be(it long to the camp of the traditionalists50 clearly being understood here that while the traditionists are not interchangeable with the traditionalists. It is worth considering at this juncture the case of Karabisi. whom we have previously seen54to be the only early scholar explicitly associated with usul al-fiqh. Once the 10th century began. the 10th century produced a proliferation of literature on the subject.

74 With the proliferation of usul literature. In what seems to be a rather rapid transformation. as usiilis proper. al-Ma'iina fi al-usiil. eight volumes.65 8."66 Abu Ishaq al-Marwazi (d. 953). 10. 'Umar MuhammadAbu Faraj al-Maliki (d. title is not mentioned.59 2. al-Usul. 961). 11.71 Abu 'Ali al-Tabari (d. they now appear distinctly and technically as authors of usiul al-fiqh.63 6. four of which belong to the 10th century. 938)."70 Abu cAli al-Shashi (d. 15. It is reported. one by the Shici Abu Sahl al-Nawbakhti (d. 948). the Risala appears to have become a constitutive part of certain usul education.80 The Risdla also manages to attract at least two refutations.79 and quite possibly CAbd al-Wahhab al-Baghdadi (d. Abu Mansur al-Maturidi (d. 940s). title is not mentioned. without exaggeration the most significant jurist in the Shaficite school after Shafi'i himself. Architect of Islamic Jurisprudence? 595 shift in bio-bibliographical discourse occurs. with titles that are indicative of an independent and even prominent science. 918).67 Muhammad ibn Sacid ibn Abi al-Qadi (d.73 Abu al-Husayn al-Tawa'ifi al-Baghdadi (d. no title is mentioned.75 al-Qaffal al-Shashi. 1. 960) wrote an extensive treatise on the subject. Abu Bakr Muhammadibn Ibrahimal-Sayrafi (d.78 Abu Muhammad al-Juwayni (d. 945). Unfortunately. al-Jdmi'fl usul al-fiqh. we find a sudden interest in Shafi'i's Risala after long neglect. al-Lumacfl usul al-fiqh. who appears to have been a contemporary of Sayrafi.scholars are described in new terms quite particularto usul al-fiqh. Abu BakrMuhammad Ismacilal-Qaffal ibn al-Shashi(d. none of Ibn Surayj's works has survived.82 Furthermore. 960). 943). Abu Bakr Ibn al-Ikhshid (d. Abu Na'im ibn CAdial-Astarabadi (d. he no doubt emerges as the most towering personality in the early history of Shaficism. 960). "he was an outstanding scholar in usul.72 Abu Bakr al-Farisi (fl. 947). ca.81 and the other by a certain 'Ubayd Allah ibn Talib al-Katib. al-Baydnfi dald'il al-aclim Cald usul al-ahkdm.64 7. although if we go by the bio- graphical and doctrinal data provided by early and later sources. 951). duringthe 940s) has a treatiseon usul al-fiqh"consistingof 9.61 4. The treatise now succeeds in eliciting at least five commentaries. 14. Ahmad ibn Abi Muhammad al-Tabari known as Ibn al-Qass (d.Al-Shafici. 942).60 3. The commentators are Abu Bakr al-Sayrafi. Abu Musa al-Darir(d. that around the middle of the 10th century Abu al-Fadl al-Nadrawi studied the work in Isfahan under Abu al-Walid ibn Mihran.76 Abu al-Walid al-Nisaburi (d. 12. 973). 935). 951).58 The following is a list of some of the first jurists who appear.68 Abu Bakr Muhammadibn 'Abd Allah al-Barda'i (d.83 The unprecedented and intense interest in the Risala and in usul al-fiqh during the first half of the 10th century seems to be associated with certain figures whose intellectual tendencies represent a new formation in the religious history of Islam. for instance. .77 alJawzaqi (d. 951). Ma'dkhidh al-shara'i' fl usul al-fiqh and Kitdb aljadal fi usul al-fiqh. 989). al-Hiddya. 1046). to have written or excelled in the field. 955). no title is mentioned. ca. no title is mentioned. 16. Usul al-fiqh. 13.69 Abu Bakr al-Dab'i (d. from the sources. One of these figures was Abu al-'Abbas Ibn Surayj (d.62 5.

latter two deserve special attention since in later the and usul works they emerge as the most significant authorson the subbiographical ject.91 . Nonetheless. while mortally ill. Significantly. Ibn Surayj is universally held to be the unrivaled leader of the school. addressed to the jurists of Shash and Firghana. and consequently the unprecedented interest in the Risala. Abu Bakr alFarisi. he was the most influential professor of Shafi'ite law. a fifteen-folio epistle.85But it is indeed telling that even Ibn Surayj. and his students were so numerous that he is credited with "spreading the madhhab" to unprecedented dimensions. with the intense detail of biographical notices he is accorded. the usiul principles of the then prominent mujtahids.87Although all of them are associated with the first generation of scholars to have composed works on usuiil. Abu Bakr al-Sayrafi. he is distinguished as Shafi'i's loyal and true disciple who single-handedly defended the madhhab and rendered it victorious. as we have seen. speculative theologians. Among these students. and al-Qaffal al-Shashi. Sufyan al-Thawri. including Muzani. belonging to two consecutive generations. He fiercely debated with the Zahirites. the last commentator on the Risala we know. is not reported to have written an usul work proper. Sayrafi. as well as the first to have written on juridical dialectic. and Dawud. he combined all this with a knowledge of kalam. Qaffal was the author of both a commentary on the Risala and a treatise on legal theory."but also "the most knowledgeable scholar on usul al-fiqh after Shafi'i. unlike Muzani. In his time. far superior to all other contemporary and earlier Shaficites. 951). 930). who had at their disposal a combination of traditionalist and rationalist sciences-a combination that had no antecedents and that proved to be so crucial. Small wonder then that he was known as the Little Shafici. and that he was thought by many as the mujaddid (reformer) of the fourth hijri century."88And. to mention only a few. Hallaq Unlike any other Shaficite after Shafici. who are reported to have made up most of the prominent Shaficites during the first half of the 10th are century. Shafi'i. in which he expounded. in what must have been an outline.84 Although there is no evidence to indicate that Ibn Surayj wrote a complete work on usul al-fiqh. the first commentator on the Risala. muhaddiths. And like Shafici. He is reported to have written. the method and treatment of the law peculiar to a jurist. He also is said to have been the first to teach juridical dialectic and to combine a superior knowledge of hadith and fiqh.596 Wael B. Abu Muhammad studied hadith and law under al-Qaffal and is said to have graduatedonly after he perfected the latter's tariqa. Ibrahim al-Marwazi (d. that is. The legacy of Ibn Surayj was passed by al-Qaffal to Abu Muhammadal-Juwayni. Malik. coincided with the emergence of a com- munity of scholars. is reckoned not only the author of "an unprecedented treatise on usiul.89That both were distinguished usulis. the first and foremost Shafi'ite authors who did write complete works on usuilwere Ibn Surayj's students. both Dawud and his son Muhammad. he seems to have assimilated all teachings on the subject from within and without the Shaficite school.90It is therefore far from being a mere historical chance that the rise of usuilal-fiqh.86 Ibn Haykuwayh (d. Abu Hanifa and his two disciples. Shafici having been assigned to the third. and dialecticians betrays their debt to Ibn Surayj who mastered all these sciences and placed them in the service of the law. Ibn al-Qass. on matters of legal methodology.

perhaps better than any other. hence his vehement opposition to istihsdn. perhaps due to our preoccupation with Schacht's findings. And we tend to minimize. For Shafi'i succeeded neither in ejecting ra'y from the domain of legal reasoning nor. The studies of Schacht. another competing movement stressing the role of traditions was already on the rise. During the decades after his death. half-way between the crude beginnings during the very first decades of the 8th century and the final formation of the legal schools at the beginning of the 10th. Shafi'i regulates ray in . While he unconditionally rejected ra'y and insisted on the overriding authority of the Qur'an and Prophetic Sunna. and by far more influential. in consequence. By the time Shafici.92Dawud. Architect of Islamic Jurisprudence? v 597 Turning back to the earlier centuries will shed further light on the question of why Shafici's theory. appeared on the scene.93 There emerges here a clear pattern: Shafi'i's predecessors make recourse to their ra'y with. is the rise of the anti-ra'y movement represented by Ibn Hanbal and Dawud ibn Khalaf al-Zahiri. But by the middle of that century. under different guises. It has been little emphasized since Goldziher's death that the 9th century was as dynamic and as crucial as the 8th in the history of Islamic jurisprudence. Goldziher. as we can glean from his positive law. failed to arouse the interest of his followers for nearly a century and why the flourishing of usul al-fiqh came only after a century after the demise of its supposed founder. and others have shown that the 8th century started with an overwhelming movement towards human reasoning. which saw the initial stages of the development of Islamic law and jurisprudence. as an independent scholar. among others. This is precisely where Shafi'i was his own jurist. most of the Hanafites and no doubt the Mu'tazilites continued to uphold. they went much further in their emphasis on the centrality of scripture and on the repugnant nature of reasoning.but by no means exclusive. element in the law. If anything.Al-Shafici. Shaybani's positive law exhibits. more or less. rejected it categorically. where hadiths constitute an important. But their positions on reasoning. the consequential role of the legal movements in the 9th century and their impact on Islamic legal theory and positive law in the centuries that followed. the movement of ahl al-ra'y was beginning to decline. Ra9y as an expression of rationalist and utilitarian tendencies was to be wholly expunged. commonly known as ra'y. as innovative as it may have been. on the other hand. unless it was absolutely necessary. little attention to the Sunna. were by no means identical. While both approved of Shafi'i. in rendering the Prophetic Sunna unconditionally admissible. Shafi'i in no way represented the culmination of Islamic law and jurisprudence. To be sure. this stage of development. the role of human reason in the law. and this was due to the rapid increase in the volume of Prophetic traditions that have infiltrated legal doctrines. We begin with the 8th century. perhaps the best legal indicator to measure their tendencies. did not favor the practice of qiyas. the ultimate sources of the law become the Qur'an and the Sunna. as we have seen. he stood somewhere in the middle of the formative period. In Shafi'i. A more significant development after Shafi'i. Ibn Hanbal. he salvaged certain elements of ra'y and molded them into arguments that may be used in the law only insofar as they derive their premises from revelation.

and we have no evidence that they studied under him more than some fiqh and hadith. who did not follow his teachings and who had their own agendas. and in any case he was deemed to have diverged from the path of Shafi'i. without this entailing a contradiction in terms. the traditionalist camp also was compelled to make some concessions. His followers who had died by 912 but who did not know him in person.If we go by Subki. tending more to rationality than to hadith. Hallaq the form of qiyas and assigns it a role subsidiary to that of the revealed sources although it remains an essential part of his methodology. In both time and doctrine.96Many others were merely associated with Shafi'i. It is significant that those who did not make these concessions.94 With the death of Shafici and for long thereafter. Shafici's position is located in the middle between the early ra'y libertinism and the later Zahirite conservatism.598 Wael B. were ultimately doomed to extinction.95 we find that the list of Shafi'i's associates (ashdb) did not exceed 41. Abu Thawr (d. they were to conceptualize legal theory as a .98 The rapid growth of the Shafi'ite school coincided with the emergence of the aforementioned compromise between the traditionalists and the rationalists. not to have been so faithful to the teachings of the master. and that must have taken place sometime between the death of Dawud al-Zahiri and the generation of Abu Bakr alSayrafi. 912-1009). faqihs. He. Dawud completely rejects it in favor of a literal reading of the Qur'an and the Sunna. 854). and he would rather do without it. which resulted in usuiil al-fiqh's being finally defined. were to ignore their eponym's dislike for qiyas. usul1al-fiqh could not have become normative prior to the beginning of the 10th century. after the mihna. the rationalist movement began to experience a process of decline.99 turns out. including such jurists as Ibn Hanbal.97This is to be contrasted by the number of his followers who died in the fourth hijri century (A. and Ibn Rahawayh. the authorof the most comprehensive biographical work on the Shafi'ites. Muzani. both in The most importantof Shafi'i's immediate disciples positive law and legal theory.100 It was not until Ibn Surayj and the generation of his younger contemporaries that the traditionalist-rationalist compromise manifested itself. after all. Contraryto the pattern according to which traditionalism had evolved in the 9th century. particularly. and they were compelled to submit to the divine decree as the first and last judge of human shar'l affairs. From this point on. Shafi'i's rudimentarythesis was not well supported and none of his students appears to have defended it. On the other side. as is well known. who was most likely to have carried on Shafi'i's mission. but only in one sense: they could no longer afford to ignore the scripture as the exclusive foundation of the law. and their legal methodology was to become virtually interchangeable with that of the other schools' proponents. such as the ultratraditionalistHashwiyya and the Zahirites. numbered only 31. as we have seen. the rationalists were drawing closer to the traditionalists. among others. Soon the Hanbalites. Being the ultimate synthesis of revelation and systematic human reasoning. Shafi'i's middle-of-the-road thesis had relatively few supporters. which reached the astounding figure of 171. and speculative theologians. were muhaddiths. and his disciples.D. then. And as such. 'Abd al-Hakam al-Misri. was. Ibn Hanbal seldom resorts to qiyas.

It is to be noted that Razi's work. In Bayhaqi. But this synthesis was crucial. in its published form. This glorification became increasingly necessary as the other schools. Bayhaqi allocates a staggering 160 pages (out of a total of 918) to Shafi'i as an usuli. In fact. usuilalfiqh. significantly. significantly. which Bayhaqi uniquely characterizes as "portentous. which consists of about 51 lines. referred to as the middle-of-the-roader (sdlik sabil al-insaf). This is why Ibn Surayj was considered the first true representative and the unequaled champion of the Shafi'ite school.'103In these lines.400 lines. Qur'an. In contrast to Razi's 51 lines."107 there are other chapters describing the master's proficiency in the knowledge of hadith.106 The new Risala is mentioned at least eighteen times. there is little in Shafici's theory that survived into the later works. to advertise their early masters as the founders of usul al-fiqh. receives a comprehensive treatment. in the entire work the Risala is mentioned only twice. In addition to a chapter devoted to Shafi'i's usuilal-fiqh. significantly. A comparison between his and Razi's work is most revealing. including the ala. or relevant to. Shafi'i is not only a genius of usuilal-fiqh. Razi should have devoted only 51 lines to Shafi'i's usuil. The image of Shafi'i as the founder of the discipline is similarly drawn by al-Fakhr al-Razi (d. and Ibn Surayj as well as his followers accredited it to Shafici. The rest of the lines deal with a miscellany of subjects including hadith. 1209) who devotes about 114 pages of his 525-page treatise to the same issues Bayhaqi had already raised.'02But that Shafici's image as the founder of this discipline began to grow only from the beginning of the 10th century can be illustrated clearly in the development of the mandqib genre dedicated to him.105 and the Risin its old and new versions.108 . In this work Razi allots a number of chapters to demonstrate Shafici's excellent knowledge of subjects upon which the construction of the law depended. by which he clearly means usul al-fiqh. we must stress. in this chapter there is no reference whatsoever to the Risdla. he mentions Shafi'i's doctrine of consensus (in one line). the author discusses Shafici's proficient knowledge of what he calls. Moreover. the likes of Sayrafi and Qaffal. In both cases it is referred to. and then in passing. consists of about 300 pages. The first work of mandqib available to us belonged to Abu Hatim al-Razi (d. Ibn Surayj's legal theory. especially the Hanafite. In one chapter. When these students found their legal theory to coincide with Shafi'i's bare thesis that they began to glorify Shafici as an usuli and as the founder of the discipline.Al-Shafi'i. 938). reasons for its composition. could have been only the child of its own environment. and he briefly speaks-in 15 lines-of his theory of qiyas. and other issues that are constitutive parts of. each containing an average of 8 lines. but the founder of the discipline. to discourse on it and elaborate it in greater detail. in the context not of law but rather of talab al-hadith. as is well known. positive law. who was an excellent muhaddith and a moderate mutakallim-and who battled the Zahirites to the end of his days-articulated the synthesis and paved the way for his students. language. usiul al-'ilm. And this is why he was. Nowhere in the entire treatise does Shafici appear as the founder of usuilal-fiqh. 1066) wrote another work on Shafi'i's mandqib. Architect of Islamic Jurisprudence? 599 synthesis between rationality and the textual tradition.1'0 Ibn Surayj.104 Over a century later. and the old three times. It is significant that out of an approximate 2. Aside from the proposition that embodied that synthesis. Bayhaqi (d.

the last commentator on the Risala. the former being the means by which the latter is interpretedso that the divinely prescribed law can be known. and simultaneously the Risala succeeds in attracting a number of commentaries and at least two refutative dissertations. With the advent of the 10th century.109That Shafi'i's treatise failed to attract further commentary in the decades and centuries that followed explains the role that Shafici. as the founder of the discipline. For Shafici's theory to prevail would have required that the two camps abandon their doctrines once and for all and join Shafi'i's ranks. and so forth-are organically interconnected and interdependent. The constitutive elements of usuil al-fiqhepistemology. with the career of Abu Muhammad al-Juwayni. This irrelevance is attested to eloquently in the relatively infrequent citation of Shafi'i's views by later theoreticians. the history of Shafi'i's Risala is connected inextricably with the emergence of usul al-fiqh as an organically structuredand independent science. commentaries on his treatise ceased forever. we were led to believe that usul al-fiqh as we know it began with Shafi'i. Once this image as the founder was irrevocably established. usiil al-fiqh as a legal methodology is larger than the total sum of its constitutive parts. did not exist in the 9th century. This conclusion is further bolstered by additional evidence to the effect that in this century the Risala was marginal. Shafi'i's Risala as the embodiment of his legal methodology has. It would be rathersimplistic to think that once Shafici laid down his synthesis. VI To conclude. Hallaq It would be safe to assume that sometime before Bayhaqi-but certainly after Abu Hatim al-Razi-ShafiCi's image as the founder of usul al-fiqh had become firmly established. which attempted to reconcile the theses of the traditionalists and the rationalists. ijtihad. Our sources strongly indicate that this methodology. and evidence in fact points . the theory of abrogation.600 Wael B. Therefore. transmission of the texts. we must note. in our view. In a field where commentaries were the norm. As a full-fledged methodology. with all its constitutive parts. and the absence of any such element would create an incorrigible imbalance in legal methodology. attracting neither commentaries nor refutations. This simultaneity should by no means be explained away as coincidental. qiyas. legal language. But this did not happen. it was immediately adopted by the two camps. for such an explanation would ignore blatantly the historical sequence of events that led up to the emergence. Because Islamic law and jurisprudence did finally come to accept this synthesis. usul al-fiqh represents a synthesis of reason and revelation. was required to play in his school. But Shafi'i's synthesis appeared at a time in which only a few were willing to embrace it. usul al-fiqh works begin to proliferate. gained the distinction of being the first attempt at synthesizing the disciplined exercise of human reasoning and the complete assimilation of revelation as the basis of the law. the discontinuity of interest in commenting on the Risala also explains the irrelevance of the work's themes to the far more complex and different methodology of usul al-fiqh. consensus. in the beginning of the 10th century. taqlid. of usul al-fiqh as an organically structureddiscipline. This intervening period between the two manaqib authors coincides.

He advanced or. Coulson. Razi. Tabaqdt al-shdfiCiyyaal-kubrd. An Introduction to Islamic Law (Oxford. Sayrafi. The Zdahiris: (Leiden.).d. '0Ibid. is the central importance of the 9th century in the history of Islamic legal theory. NOTES Author's note: This article represents an expanded version of two lectures delivered at the MESA annual meeting in New Orleans (19-22 November 1985) and at the University of Chicago (5 November 1987). trans.. For the original title of the work and the presumed reasons for its composition. for example. but his proposal was not to become relevant until a century later. Behn 3See. History. 4See Khadduri'sintroduction to his translation of the Risala. no less than the 8th.. 289. Beirut. Ignaz Goldziher. Shafi'i thus becomes the founder of usul al-fiqh. Architect of Islamic Jurisprudence? 601 to the contrary: Shafici's synthesis was.. but rather a middle stage between the crude beginnings at the outset of the 8th century and the true culmination that took place nearly a century after his death. (repr. for example. 1971). ed. The traditionalists rejected his qiyas. to put it more accurately.. 1978). 42. and remained for a long time. Shafi'i's achievement must not be carried too far." Studia Islamica 59 (1984): 6. 1:277. 56. Our conclusion presents us with two significant implications. 48. 2nd ed. 7Ibn al-Nadim. Fakhr al-Din Muhammadibn cUmar al-Razi. Qaffal. determined the direction that Islamic jurisprudence was to take in its future course. 1979). 287. and their like. Irshad al-tdlibin ild al-minhdj al-qawim fi bayan mandqib al-imdm al-Shdfici. Joseph Schacht. n. 297. 6 vols. the way to usuilal-fiqh was finally paved.Al-Shafici. 61 6Coulson. Ahmad al-Saqqai (Cairo. Irshad. 153. 2Ahmad Muhammad Shakir. and the rationalists were reluctant to accept his thesis that revelation is the first and last judge of human affairs. thanks not to him but to such jurists as Ibn Surayj. 5See. trans. at the hands of Sayrafi. The second implication. W. 1986). 19 ff. proposed an unprecedented synthesis of rationalism and traditionalism. 1975). N. the rudimentarysynthesis created by Shafici a century earlier became relevant and thus was rejuvenated in the form of commentaries on the Risala and by attributingthe entire ramifications of the synthesis to Shafi'i himself. Fihrist (Beirut. It was only towards the end of the 9th century that the two camps drew closer to each other. This century. 2nd ed. Shafi'i's law and jurisprudence represented not the pivotal point of Islamic law. George Makdisi... 'Tiaj al-Din al-Subki.. J. Al-Imam Muhammad ibn Idris al-Shdfi'C'salRisalafi Usiulal-Fiqh. 9Ibid. 1892). (Cambridge. A History of Islamic Law (Edinburgh. and Qaffal whose achievement was the product of a combination of circumstances that arose at the end of the 9th century and the beginning of the 10th. see Majid Khadduri. 53. In other words. Coulson. 20-2 1. First. 156. 1964). Their Doctrine and Their History. whose causes and characteristics are yet to be studied. With the emergence of this synthesis. 'See Joseph Schacht. and a synthesis of traditionalism and rationalism was accomplished. 286. ed. The Origins of MuhammadanJurisprudence (Oxford. (Cairo. "The Juridical Theology of Shafici: Origins and Significance of Usiil al-Fiqh. History. . 1987). which can hardly be overemphasized. 8Ibid. a minority view. 9. 286. And once this science bloomed.

It is to be noted. and his use of the term asl or usul does not carry the connotation attached to it later. 7:291-92. Most biographical works attribute al-Misri's critical attitude toward Shafi'i to a personal conflict between the two. Schacht. Zdhiris. Gosta Vitestam [Leiden. In fact. Tabaqdt. 36Khadduri. 61-62. 12:79-81. (Cairo. Mustafa Ghalib (Beirut. H. 153 (line 20)-56 represent Muzani's own views. the title read Islamic Jurisprudence: Shdfi''s Risala.trans. 1962)." 14Subki(ibid. however.d. Addb al-Shdfi'i wa-mandqibuhu. al-Kinani's (d. 1:251-56) does not associate him with usul al-fiqh. For evidence of the original title of the work. 2:108. Tabaqdt. 1:242.. see also Subki. 1952). see Goldziher. Tabaqdtal-shdficiyya. for example. 31Onthe traditionalists(ahl al-hadith) and the rationalists (ahl al-ra'y). Risala. Only later did it come to be known as al-Risala. either as an author or as a scholar. Geschichte des arabischen Schrifttums. 1979). Subki. 2:46.602 Wael B. ed. not those of Shafi'!.see also 'Abd Allah Mustafa al-Maraghi. 1973). Siyar acldm al-nubald'. see also Dhahabi. 27See. probably going through a period of transition in which it was known as Kitdb al-risala. 35It is interesting to note the change in the title of Khadduri'stranslation of the Risala. 485. 2 vols. Tabaqat. 902) al-Hujja fi al-radd 'ald al-Shdfi'. that later sources report no work written by Karabisi on the subject. 8 vols.ed. 'Abd al-Ghani 'Abd alKhaliq (Cairo. Tabaqdt al-handbila.. 2:78. 96. t3Subki. 23 vols. n. ed. 15Subki.. 1964]. 15:438.Tdjal-tardjimfi tabaqdt al-hanafiyya (Baghdad. 289.9 vols. M. 20Goldziher. 6-19. Mandqib al-ShdfiCl.Siyar. Arabic text. 2:226) characterizes the work as one concerned with "fiqh and khildfiyyiit". Ahmad Saqr. 1967-). 1:224. 859 or 862) who is described by Abui 'Asim al-CAbbadiin Tabaqdt al-fuqahd' al-shdficiyya (ed. 13 as well as AbuiBakr Hidayat Allah al-Husayni. 102) as having "written many works on usul al-fiqh and fuqaha' (ed. significantly. it was entitled. Ahmad ibn al-Husayn Abu Bakr al-Bayhaqi. 41.Zahiris. ed.. 25Muhammad ibn Abi Ya'la Ibn al-Farrad. 2:227. 24-25) as "one of the early jurists who was knowledgeable in usul" and by AbuiIshaq al-Shirazi in Tabaqdt al'Abbas [Beirut. 2Muzani's commentary is edited and translatedby Robert Brunschvig in "Le livre de l'ordre et de la defense d'al-Muzani. see Khadduri. 306. Tabaqat. ed. Subki. In the 1987 edition. 153-56 (line 4) of Kitdb al-amr wa-al-nahy treat the purportedmeaning (Caldmacnd) of Shafi'i's doctrine. . who speaks of a certain Abui al-CAbbasal-Misri as volumes from the library of a colleague. The work clearly treats positive law because Subki remarks that he has in his possession an incomplete copy of the work "up to the chapter on bankruptcy(taflis). al-Fath al-mubinfl tabaqdt al-usailiyyin. Tabaqdt. 1:236. 332. 1:177. Siyar. ed. (Cairo. although it is highly likely that even pp. 573. We ought to mention that the term usul is at times used to mean "standard" or "classical" works. 1:250-1. (Leiden. 23Theexception is the case of Husayn ibn 'Ali al-Karabisi (d. Al-Shdfil'is Risala fi Usul al-Fiqh: Treatise on the Foundations of Islamic Jurisprudence. Tabaqdt.. Fiqi. having usurped 500 usiiul t6It is to be noted here that ShafiCidoes not know the designation usul al-fiqh. 1:475. tIbn al-Nadim. where a reference is made to the chapter on ablution. ed. see Shams al-Din al-DhahabT. 36-81. a chapter that has no place in usul al-fiqh works. (Beirut. the most detailed biographical account on Karabisi provided by Subki (Tabaqdt. 1961). 12:500. '7Ikhtilaf usiil al-madhdhib. (Cairo. however. 3 vols. Tabaqat. 21Ibnal-Nadim. 1953). 30Onlypp. Shu'ayb al-Arna'ut and Akram al-Bushi. He seems to have given his treatise the title al-Kitab. Fihrist. passim. 'Adil Nuwayhid (Beirut. t9Subki."Bulletin detudes orientales 11 (1945-46):145-94. 26Subki.). 34-35. When it was first published in 1961. Ihsaiin furiC". 303. 1:57. 29Muhammad Zahri Najjar. Hallaq 12See n. 2 vols. 253-57. see Fuat 34So must we take AbuiZakiriyyaD Sezgin. pars. Origins. 153-63. 1970]. (Cairo. 90. 32Zaynal-Din Qasim ibn Qutlubugha. 1986). 24Muhammadibn Abi Hatim al-Razi. Fihrist. 1971). 19-20. 22Ibid. 33Dhahabi. passim. al-Risala.

CAbdAllah al-Juburi. 43Razi. 1:38. 53Razi.Tabaqdt. Tabaqdt. 64Subki. 69Ibnal-Nadim. Irshaid. 73Ibnal-Murtada. 1968). Irshad. 2:149. 1:251-55. 2:325. 500n Shafici's opposition to the traditionalists. 2:217. 58It is significant that at this time titles carrying the term furc also begin to appear. 63IbnQutliibugha. al-Ma'arif (Karachi. The evidence in our sources thus indicates that the appearanceof the designation usiil al-fiqh as well as of complete works on the subject belongs to the beginning of the 10th century.Tabaqdt. Fihrist. Dhahabi. see. 230. S. 4:199. 295: "al-Shafici was a staunch advocate of Shicism" (wa-kdna al-Sh4fi'iyyu shadidan fi al-tashayyu'). 115. 109. 52See n. Also. 44Cited in Subki. 47Subki. 23. 40See n. 14:371. 69. Ihsan CAbbas. 1:241). Tabaqat. a Muctazilite is evidenced by the fact that he is not included in Muctazilite biographical works. as Makdisi seems to suggest. Tabaqdt. 68Subki. Tabaqdt. for example. 42Razi. saying in effect that all pioneering works entail some shortcomings. 111. Irshad. Tabaqdt. 283. 44. 55Subki. Siyar. speculation and disputation-qualities that were entirely absent in the camp of the traditionalists. 46Razi. strictly speaking. Tabaqdt. 1976). Tabaqdt. 228-29. 102. Wafaydtal-acydn wa-anba' abna' al-zaman. 1982. 1977). See also Ahmad ibn Yahya Ibn al-Murtada. Fihrist.. 56Shirazi. . ed.Tabaqdt.. 74Ibid. CAbdal-Hayy Ibn al-cImad. Tdj al-tardjim. 45Ibid. Tdj al-tardjim. 41Ibn al-Nadim.. 12:492-93. That he was not. 128-29. 71Beirut. SlcAbdAllah Ibn Qutayba. 1970-71). Subki. Irshad. Subki alludes to Muzani's Muctazilite tendency (Tabaqdt. 2:159. Tabaqdt. 15:446. who died in 956. 23. Tabaqat.Siyar. 53. Ibn al-Nadim (Fihrist. 330. Siyar. on 66.furVi and usul being now dichotomous. vols. 157. 1:252). Tabaqdt. 66IbnQutlubugha. Tabaqdt. 2:81-82. 112. Razi speaks of Shafi'i's outstanding knowledge of dialectic. Fihrist. 216-30. Irshad. 13-14. 38Inhis Irshad. Irshad. 2:103. (Karachi. 1:222. Ibn Khallikan. On his skill as a dialectician and lack of qualifications as a traditionist. 49Ibnal-Farra3. Tabaqat. 300. 48Razi. Tabaqdt al-shdfi'iyya. 15:217-18. 43. 61Ibnal-Nadim. (Beirut. see Dhahabi. Architect of Islamic Jurisprudence? 603 37Cairo.Tabaqdtal-muctazila. 1961). Abii al-cAbbasAhmad ibn MuhammadIbn 8 Khallikan. trans. Subki. 59CAbbadi. 70Jamalal-Din CAbdal-Rahim al-Asnawi. 57Reportedby Subki on the authority of al-Khatib al-Baghdadi (Tabaqdt. 86. 44.Tabaqdt al-muctazila. 2:176 ff. 111. Ibn al-Murtada. Wafaydt. ed. 62Ibnal-Nadim. Fihrist. 138. see Schacht. Shirazi. 1969.Al-Shafi'i. Shirazi. 8 vols. Tabaqat. 54See n. 72Shirazi. 112. Subki. see his "JuridicalTheology of Shafici. (Baghdad. al-Fakhr al-Razi apologizes for the defects in Shafi'i's Risala. Razi. 2:242-43. Origins. (Cairo. Tabaqat. 102.4:200-201. 67Shirazi. 104. 230. for example. Tabaqdt." 5. Kitdb al-furui by Ibn al-Haddad al-Misri. 1931-32). 2:4. Diwald-Wilzer (Wiesbaden. 55. ed. 245-46) states that the author did not complete the work. 65Shirazi. Subki. Tabaqdt. See. cAbbadi. 39Muhammad Amjad 'Ali. not to the end of it. 60Dhahabi. Shadharat al-dhahab fi akhbdr man dhahab. 2:123. 2 vols. 59.

"Was the Gate of Ijtihad Closed?" International Journal of Middle East Studies 16 (1984): 7-10. Ibn Surayj is reported to have said that "on the Day of Judgment Shafi'i will appear [before God] and Muzani will follow on his heel. 27-39. 2:119-20. 62. Tabaqdt. see Ibn al-Nadim. Tabaqdt. 97Subki." Journal of the American Oriental Society 54 (1934):12. 90Subki. 3:219 ff. Ibn al-'Imad. and Ibn Rahawayh." Journal of the American Oriental Society 102 (1982): 461-65.4:199. B. Tabaqit. The rapid increase in the number of Shafi'ites during the 10th century must be in good part attributedto Ibn Surayj. Halkin.Tabaqdt. 3:186. the major figures of the Shafi'ite school have studied. and Shashi.. see ibid. Subki. Tabaqdt. 91Thata jurist of the 10th century combined a proficient knowledge of rationalist and traditionalist disciplines was still considered remarkableeven in the 14th century. see Ibn al-Farra'. Husayni. Fihrist. clearly makes a point of mentioning such a combination. 69. it must be taken to refer to Muzani's rationalist inclination on certain matters of usuil. 81. 227 ff. Siyar. We must note that the sources report at least three other critiques of Shafi'i by two Malikites and a Hanbalite. . see Ibn al-Murtada. 2:170. 2:472. see his Tabaqat. Dhahabi. However. see Shirazi. 82Sayrafinot only commented on the Risailabut also wrote a rebuttal against al-Katib's refutation of the work. 93Fora brief account of Dawud's teachings. "The Hashwiyya. 87OnIbn Haykuwayh. Ibn Surayj's numerous students have in turn become influential and have attracted. The Hanbalite is Ghulam al-Khallal (d. see Subki. see Ibn al-Nadim. 2:87-96. Wafaydt. S. Thereupon. Shadhardt. after 940). The two Malikites are Bakr ibn Muhammad al-Qushayri (d. Wafayit. Subki. 78Khadduri. Asnawi. 85Reportedby Subki (Tabaqdt. 2:241. 2:339. 1:66-67. 86-89. 955) and Abu Bakr al-Dinawari (d. On the Hashwiyya. 2:307) on the authority of the historian CAliibn Husayn al-MasCudi. Ibn Khallikan. 247. 79Subki. a great numberof disciples. 92Susan Spectorsky. as we have seen (section IV). in fact."If this anecdote truly illustrates Ibn Surayj's view of Muzani. Tabaqdt.. 8Ibn Khallikan. On Abu Bakr al-Farisi. Tabaqdt. Tabaqdt. 84On Ibn Surayj." 96Ibid. Wafayat. Tabaqdt.. Wafayat. Ibn Khallikan. 4:199. al-Risala.. "Ahmad Ibn Hanbal's Fiqh. Shafi'i will say: 0 God. see ibid. 94See W. Tabaqat. Shadharat. 42. 208. see sources cited in nn. 2:2-79. 76Shirazi. 89IbnKhallikan.. Siyar.Tabaqdt. 2:87. 111-12. 537. not furii'. Tabaqdt. 4:200-201. 2:247-48. 86Shirazi. 245-46.Tabaqdt. Zdhiris. 1:34-35. Siyar. Shadharat. Hallaq 75cAbbadi. see Dhahabi.604 Wael B. Ibn al-Qass. 300. On al-Marwazi. Subki had in his possession a copy of the epistle. AbuiThawr. wrote in verse to extol them. 80IbnKhallikan. 1:186-285. It was not possible to establish al-Katib's identity. see Dhahabi. 1:285-301. see A. 98Ibid. 83Subki. 112. 14:201-4. 8tDhahabi. Sayrafi. 947). 1:223-24. Ibn al-'Imad. Tabaqdt. 3:208. 15:379. 1:285. because we know that Ibn Surayj admired his works on positive law and. 92-93. 77Asnawi. Tabaqdt. For more on AbuiThawr. lOlcAbbadi. l00Muzani's position vis-a-vis Shafi'c's doctrine is well illustrated in an anecdote that. Siyar. for instance. Tabaqdt. even if not genuine. this man [Muzani] has corrupted my sciences ('uluimi). see Goldziher. 62-63. 2:79. Tabaqdt. On Ibn al-Hakam. 1:244. it cannot be established whether the object of these critiques was Shafici's positive law or legal theory. Wafaydt. 232 ff. I (Ibn Surayj) shall say to him: Go easy on Abui Ibrahim [al-Muzani] for I have mended what he had adulterated.2:79-322.. 15:328. 297. for it would be a waste of ink.in various partsof the Muslim world. 102. 'Abbadi. 99Ibid. 95Subkiadmits (Tabaqdt. also portrays Ibn Surayj's attitude towards Muzani as Shafi'c's chief student. 2:18-20) that he includes the biographies of those who are worthy of mention because "there is no sense in mentioning the others. Hallaq. 109. under whom. 4:427. 3:261-62. Ibn al-'Imad. Fihrist.

Irshad.1:368. 153-88. 605 . 189-268..." 6-7. 79. "JuridicialTheology of Shafici. 1:230-36. 104Ibid. Mandqib. 63. 62.Architect of Islamic Jurisprudence? Al-ShafiCi. 231-37. '05Bayhaqi. 107Ibid. '08Razi.. '02See Makdisi. '03Razi. '?Ibid. 1:368-84.Adab al-Shdfici. '09See n.

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