{"title":"“Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq","authors":"Y. Soufi","doi":"10.1163/15685195-BJA10006","DOIUrl":null,"url":null,"abstract":"\nThe function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"28 1","pages":"1-31"},"PeriodicalIF":0.3000,"publicationDate":"2021-01-04","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-BJA10006","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
The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd, defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters (masāʾil al-khilāf) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.
期刊介绍：
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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