Origins of Muhammadan Jurisprudence
Origins of Muhammadan Jurisprudence
Yayıncı
Oxford At The Clarendon Press
Yayın Yılı
1950 AH
Türler
20 SHĀFI'I AND LEGAL TRADITIONS
treatises Shafi'i followed traditions from Companions even if they went against systematic analogy, but later, though still in his early period, he let analogy prevail.1 He interprets traditions from Companions in the same harmonizing way as he does traditions from the Prophet, but shows his reserved attitude to them by his frequent doubts as to whether they are well authenticated.
Traditions from the Successors, the generation following that of the Companions of the Prophet, enjoy still less authority: 'traditions from Companions are preferable to those from Successors, or at least equal to them' (Ikh. 51); opinions of Successors are not a decisive argument.2 But although every systematic justification is lacking, Shafi'i uses them from time to time as subsidiary arguments or when higher authorities are not available.
Shafi'i had to fight in order to secure for the traditions from the Prophet the overriding authority which he claimed for them, and in particular to make them prevail over the traditions from Companions. He still recognized these last in a subordinate position, but was unable to find a conclusive systematic justification for their use. The same applies even more to traditions from Successors. We must conclude that his opponents, the adherents of the ancient schools of law, did not as yet acknowledge the absolute precedence of the traditions from the Prophet, and argued mainly from traditions from Companions and Successors. The authority that Shafi'i still leaves to these, is an unsystematic survival from the earlier period, and his preference, as a matter of principle, for the traditions from the Prophet is his great systematic innovation.
1 See for his earlier doctrine Tr. VIII, 15 and Tr. I, 195, for his later doctrine Tr. VII, 275 (middle); these three passages refer to the same problem.
2 Tr. III, 148 (p. 246); Tr. VIII, 10; Ris. 74.
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