Chapter

Re-creating the Prophetic Model: <i>Ḥadīth</i> as the Gateway to the <i>Sunna</i>

Rumee Ahmed

in Narratives of Islamic Legal Theory

Published in print March 2012 | ISBN: 9780199640171
Published online May 2012 | e-ISBN: 9780191738074 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199640171.003.0003

Series: Oxford Islamic Legal Studies

Re-creating the Prophetic Model: Ḥadīth as the Gateway to the Sunna

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This chapter explores how two medieval Islamic legal theorists, Abū Zayd al-Dabūsī and Muḥammad b. Aḥmad al-Sarakhsī, accessed the sunna of Muḥammad as an authoritative source of legislation in their respective legal theories. This is explored through three topics. Firstly, multiple-chained (mutawātir) and well-established (masshūr) transmissions. Secondly, the single transmission (al-khabar al-wā?id). Thirdly, the abrogation of the Qur'ān through the Sunna. Each of these topics is examined in detail and the key terms of each are elucidated and analyzed. The chapter focuses on the intricate definitions accorded to these terms, and demonstrates that the slight differences between the two authors disclose major doctrinal differences about the way in which Islamic law ought to be applied. A chapter conclusion provides a specific example of how the differences in definition that the authors accorded key terms might affect the way novel jurisprudence is derived.

Keywords: Sunna; Islamic; legal theory; usul al-fiqh; mutawatir; mashhur; abrogation; hadith

Chapter.  14616 words. 

Subjects: Jurisprudence and Philosophy of Law

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