Author:\u00a0Murteza Bedir
\nIslamic Law and Society, Vol. 9, No. 3, 2002<\/p>\n
This is a study of an early Hanaf\u012b jurist, \u201bIs\u0101 b. Ab\u0101n (d. 221\/836). After collecting historical information about his life, the author explores his views, as preserved in a fourth century text, al-Fu\u1e63\u016bl f\u012b al-U\u1e63\u016bl<\/em> by Ab\u016b Bakr al-Ja\u1e63\u0101\u1e63. \u201bIs\u0101’s views, as presented there, shed important light on the development of the Hanaf\u012b concept of prophetic reports. Bedir refers to non-Hanaf\u012b texts in order to check any possible ideological reconstruction by al-Ja\u1e63\u0101\u1e63. Finally he compares hisfindings with J. Schacht’s observations on “early schools of law” and find interesting parallels between them and \u201bIs\u0101’s views, as presented by al-Ja\u1e63\u0101\u1e63. Murteza Bedir after a long examination of \u201bIs\u0101 b. Ab\u0101n draws a number of conclusions regarding the early phase of Islamic legal theory, in particular with regard to the Hanaf\u012b position. He shows here that Wael Halaq’s position in recognizing the traces of the early schools of law is not true and Joseph Schacht successfully distinguished between them and the official schools of law. Second, with regard to the relationship between the traditionalists and rationalists, as described by Schacht, \u201bIs\u0101’s approach to reports and their transmitters reveals important indications of tension between these two groups. Third, \u201bIs\u0101 b. Ab\u0101n’s exposition of the notion of khabar <\/em>contains the seeds of abstract theoretical thinking, with which we are familiar from the u\u1e63\u016bl literature of later centuries. The close relationship between jurists and theologians in the court of the Abbasids especially that of al-Ma\u201bm\u016bn, seems to have contributed to the transfer of speculative theology to the legal sphere.<\/p>\n Bibliography: Author:\u00a0Murteza Bedir Islamic Law and Society, Vol. 9, No. 3, 2002<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[72],"tags":[1059],"class_list":["post-1048","post","type-post","status-publish","format-standard","hentry","category-law-and-jurisprudence","tag-murteza-bedir"],"yoast_head":"\n
\nBedir, Murteza; An early response to Sh\u0101fi’\u012b: \u012as\u0101 B. Ab\u0101n on the prophetic report (khabar), Islamic Law and Society<\/em>, Vol. 9, No. 3, 2002, 285-311<\/p>\n","protected":false},"excerpt":{"rendered":"