A Tale of Two Kufans: Abū Yūsuf’s Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā and Schacht’s Ancient Schools
In this article, I address the long-standing debate on the existence of regionally defined schools of law in Islam’s formative period by focusing on the early Kufan tradition, with special attention to Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798). By studying reports an...
| Published in: | Islamic law and society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2018
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| In: |
Islamic law and society
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| Further subjects: | B
Kufa
B ancient schools / regional B Ḥanafī school |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | In this article, I address the long-standing debate on the existence of regionally defined schools of law in Islam’s formative period by focusing on the early Kufan tradition, with special attention to Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798). By studying reports and legal opinions in the text, I argue that the legal thought of Kufan jurists in Abū Ḥanifa’s generation was based on a general deference to regional, Kufan authorities and that this larger legal project may meaningfully be termed a school. I provide a model for legal method in these early schools, taking into account the contributions of supporters and detractors of the regional-school concept. I suggest that formative-period legal methods are also expressed in the classical Ḥanafī school, enabling us to view questions of ijtihād, taqlīd and madhhab formation in a new light. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/15685195-00253P01 |