Origins of Muhammadan Jurisprudence
Origins of Muhammadan Jurisprudence
ناشر
Oxford At The Clarendon Press
سال انتشار
۱۹۵۰ ه.ق
ژانرها
42 ARGUMENTS FOR AND AGAINST TRADITIONS
later,1 is the same as that ascribed by Shāfi'ī to those who reject the khabar al-khāṣṣa.2
According to Shāfi'ī, their doctrine rests on the following bases:
(a) what is related by many from many (mā naqalat-hu 'āmma 'an 'āmma), such as the main duties on which one can be absolutely certain of the orders of Allah and of the Prophet;
(b) the Koran, in cases where several interpretations are possible, that is, in so far as it does not fall under (a). In these cases the Koran should be taken in its literal (ẓāhir) and general ('āmm) meaning, unless there is a consensus to the contrary;3
(c) the consensus of the Muslims (including the consensus related from the preceding generations), even if it is not based on the Koran or a sunna [that is, a tradition from the Prophet]. The consensus is as good as a generally accepted sunna, and it is never an arbitrary opinion (ra'y) because this last is subject to divergencies;4
(d) traditions based on the authority of individual transmitters. But these may serve as an argument only if they are transmitted in a way which makes them safe from error;
(e) analogy. But a conclusion by analogy may only be drawn if the two problems in question are exactly parallel.
The consensus is the final argument on all subjects, and not subject to error, but (c) is different from (a); (a) comprises the scholars and the people, that is, all Muslims, and (c) is the consensus of the scholars who have the requisite knowledge. The consensus of the scholars or the lack of it, is an indication of the state of agreement or disagreement in the preceding generation, whether the scholars quote a tradition or not; their agreement is only feasible on the basis of an authoritative
1 Below, p. 51.
2 Or the khabar al-infirād (pp. 257, 258).
3 That is, it must not be interpreted restrictively in the light of traditions from the Prophet which are not supported by the consensus.
4 Sunna is used here in the meaning given to it by Shāfi'ī, and Shāfi'ī states in fact that he has edited this discussion. The reference to ra'y answers Shāfi'ī's standing objection that the 'living tradition' of the ancient schools is only a mass of arbitrary opinions.
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