{"title":"Al-Shāfiʿī Against the Kufan School","authors":"C. Melchert","doi":"10.1163/15685195-28040001","DOIUrl":null,"url":null,"abstract":"\nOne of the short works of al-Shāfiʿī (d. 204/820) is Ikhtilāf ʿAlī wa-ʿAbd Allāh ibn Masʿūd (“the disagreements of ʿAlī and ʿAbd Allāh ibn Masʿūd”). It comprises first quotations of the Companions ʿAlī and Ibn Masʿūd advocating rules that the Kufans reject, secondly counter-reports supporting the rules that al-Shāfiʿī advocates. It seems to be one of the earliest of al-Shāfiʿī’s works. It argues mainly by authority against an undifferentiated Kufan school. It testifies to a time when regional schools were predominant and legal reasoning primitive, also when divisions within Kufa, especially between adherents of raʾy and hadith, were less important than they seemed later. Its argument tends to imply that al-Shāfiʿī’s doctrine is better than the Kufans’ because it is eclectically based on the learning of all centers, suggesting that loyalty to a regional tradition was becoming an embarrassment.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Islamic Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15685195-28040001","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 0
Abstract
One of the short works of al-Shāfiʿī (d. 204/820) is Ikhtilāf ʿAlī wa-ʿAbd Allāh ibn Masʿūd (“the disagreements of ʿAlī and ʿAbd Allāh ibn Masʿūd”). It comprises first quotations of the Companions ʿAlī and Ibn Masʿūd advocating rules that the Kufans reject, secondly counter-reports supporting the rules that al-Shāfiʿī advocates. It seems to be one of the earliest of al-Shāfiʿī’s works. It argues mainly by authority against an undifferentiated Kufan school. It testifies to a time when regional schools were predominant and legal reasoning primitive, also when divisions within Kufa, especially between adherents of raʾy and hadith, were less important than they seemed later. Its argument tends to imply that al-Shāfiʿī’s doctrine is better than the Kufans’ because it is eclectically based on the learning of all centers, suggesting that loyalty to a regional tradition was becoming an embarrassment.
其中一个短小的作品al-Shāfi(公元204/820年)是Ikhtilāf al- wa- al- Abd Allāh ibn Mas - ūd(“al- wa和al- Abd的分歧Allāh ibn Mas - ūd”)。它首先引用了《同伴》和伊本·马斯·ūd所提倡的规则，而这些规则是库凡人所反对的，其次是支持al-Shāfi《同伴》所提倡的规则的反报告。这似乎是al-Shāfi的最早的作品之一。它主要是通过权威来反对没有区别的苦番学派。它证明了一个地区学派占主导地位、法律推理原始的时代，也证明了库法内部的分歧，特别是古兰经和圣训信徒之间的分歧，没有后来看起来那么重要。它的论点倾向于暗示al-Shāfi的教义比库凡的更好，因为它是折衷地基于所有中心的学习，这表明对一个地区传统的忠诚正在成为一种尴尬。
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Islamic Law and Society provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Celebrating its sixteenth birthday in 2009, Islamic Law and Society has established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. Islamic Law and Society encourages discussion on all branches of Islamic law, with a view to promoting an understanding of Islamic law, in both theory and practice, from its emergence until modern times and from juridical, historical and social-scientific perspectives. Islamic Law and Society offers you an easy way to stay on top of your discipline.
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