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  4. Analysis of Joseph Schacht and the "living sunnah" and origins of Islamic Law

Analysis of Joseph Schacht and the "living sunnah" and origins of Islamic Law

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  • B Offline
    B Offline
    Bigmo
    wrote on last edited by
    #1

    The theories of Joseph Schacht regarding the provenance and development of
    Islamic jurisprudence have been as widely criticized as they have been deeply
    influential. Schacht's detractors have, for the most part, taken issue with his
    modern version of "intiqad al-rijal" (criticism of hadith transmitters), by means
    of which he claimed to turn the previously accepted chronology of early Islamic
    legal evolution?Allah-Muhammad-Companions-Followers of fiqh?on its
    head. However, neither critics nor supporters of Schacht are wont to inquire
    into a more fundamental question if prophetic exempla and scriptural dicta
    are, on Schacht's view, only secondary contributors to the formation of sharia,
    what then is the ultimate source of the "living tradition" and "popular practice"
    to which he assigns the primary role in that enterprise?

    Where do Joseph Schacht and the scholars who have embraced his
    thesis think Islamic jurisprudence and positive law came from, if
    not from Quran and hadith? What are the substitute historical
    processes with which Schacht attempts to fill in what Noel Coulson
    aptly refers to as the "void "which is assumed, or rather created by
    his own thesis? Schacht's supporters have largely side-stepped this
    issue, while his premiere critics?Sezgin, Juynboll, Azmi, Motzki,
    Abbott, Coulson, Hasan, F?ck?preoccupied with the controversy
    surrounding the antiquity and authenticity of hadith, rarely broach
    (and never delve into) this essential question, even though it may
    represent a far more effective line of attack than the strategies they
    generally employ.

    More importantly, what is this "local" or "customary practice" of
    the outlying regions which the (earliest) Umayyad qadis were forced
    to take into account, and which eventually (so Schacht would also
    have it) metamorphosed into the "living tradition" of the "ancient
    schools of law"? If it does not originate in the Quran or hadith,
    where did it come from?

    What, then, in Schacht's conception, is left to Islam? What legal
    elements may still be regarded as authentic historical products of
    Quranic prescription or exhortation, or as enacted or inspired by
    the exemplary conduct of the Prophet and his Companions, or at
    least as the outcome of the accumulated internal experience of the
    Islamic umma?

    This essay attempts to elicit a straightforward answer to that question
    from Schacht's elusive writings on the subject, and then puts that answer
    to the test with the help of two of the rare instances in which Schacht
    commits himself on this score regarding specific legal issues.

    http//deathandreligion.plamienok.sk/files/12-DEAD%20TRADITION.pdf

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    • M Offline
      M Offline
      Meteora
      wrote on last edited by
      #2

      That link so friggin much to read laugh

      I did notice he types "Koran" though. P

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      0
      • B Offline
        B Offline
        Bigmo
        wrote on last edited by
        #3

        That link so friggin much to read laugh

        I did notice he types "Koran" though. P

        And hard to read also, but its very important to understand because if Shariah law and sunni jurisprudence is not derived from the Koran or Muhammad and was a letr innovation, where did it derive itself from? This is something Koranist should spend time on.

        AS far as Koran rather than Quran, I am not racist and I don't believe that non Muslims should write Islamic terms according to classic Arabic even when Muslims do not pronounce them as such. How many Muslims do you know pronounce Muhammad that way? Words should be spelled according to how they are pronounced and not how its in classic Arabic. Its like Muslims have a different standard for non Muslim. Before in English it used to be Moslems, then the Arabs and Muslim immigrants came and changed it to Muslims. It used to be Mohammad then they changed it to Muhammad even though most Arabs pronounce it as Mahammad. Soon they will require (pbuh) also.

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        • M Offline
          M Offline
          MUNZIR_ALI
          wrote on last edited by
          #4

          Who is a qadis?

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          0
          • A Offline
            A Offline
            afridi220
            wrote on last edited by
            #5

            The theories of Joseph Schacht regarding the provenance and development of
            Islamic jurisprudence have been as widely criticized as they have been deeply
            influential. Schacht's detractors have, for the most part, taken issue with his
            modern version of "intiqad al-rijal" (criticism of hadith transmitters), by means
            of which he claimed to turn the previously accepted chronology of early Islamic
            legal evolution?Allah-Muhammad-Companions-Followers of fiqh?on its
            head. However, neither critics nor supporters of Schacht are wont to inquire
            into a more fundamental question if prophetic exempla and scriptural dicta
            are, on Schacht's view, only secondary contributors to the formation of sharia,
            what then is the ultimate source of the "living tradition" and "popular practice"
            to which he assigns the primary role in that enterprise?

            Where do Joseph Schacht and the scholars who have embraced his
            thesis think Islamic jurisprudence and positive law came from, if
            not from Quran and hadith? What are the substitute historical
            processes with which Schacht attempts to fill in what Noel Coulson
            aptly refers to as the "void "which is assumed, or rather created by
            his own thesis? Schacht's supporters have largely side-stepped this
            issue, while his premiere critics?Sezgin, Juynboll, Azmi, Motzki,
            Abbott, Coulson, Hasan, F?ck?preoccupied with the controversy
            surrounding the antiquity and authenticity of hadith, rarely broach
            (and never delve into) this essential question, even though it may
            represent a far more effective line of attack than the strategies they
            generally employ.

            More importantly, what is this "local" or "customary practice" of
            the outlying regions which the (earliest) Umayyad qadis were forced
            to take into account, and which eventually (so Schacht would also
            have it) metamorphosed into the "living tradition" of the "ancient
            schools of law"? If it does not originate in the Quran or hadith,
            where did it come from?

            What, then, in Schacht's conception, is left to Islam? What legal
            elements may still be regarded as authentic historical products of
            Quranic prescription or exhortation, or as enacted or inspired by
            the exemplary conduct of the Prophet and his Companions, or at
            least as the outcome of the accumulated internal experience of the
            Islamic umma?

            This essay attempts to elicit a straightforward answer to that question
            from Schacht's elusive writings on the subject, and then puts that answer
            to the test with the help of two of the rare instances in which Schacht
            commits himself on this score regarding specific legal issues.

            http//deathandreligion.plamienok.sk/files/12-DEAD%20TRADITION.pdf

            http//www.freerepublic.com/focus/fr/531762/posts

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            • B Offline
              B Offline
              Bigmo
              wrote on last edited by
              #6

              http//www.freerepublic.com/focus/fr/531762/posts

              Thanks peace

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              • B Offline
                B Offline
                Bigmo
                wrote on last edited by
                #7

                Who is a qadis?

                judges

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                • M Offline
                  M Offline
                  MUNZIR_ALI
                  wrote on last edited by
                  #8

                  judges

                  Oh 'ghazee', I get it now...I got confused when it said qadi laugh

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                  • A Offline
                    A Offline
                    afridi220
                    wrote on last edited by
                    #9

                    Oh 'ghazee', I get it now...I got confused when it said qadi laugh

                    Ghazi & Qadi are two different names with different meanings.

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                    • M Offline
                      M Offline
                      MUNZIR_ALI
                      wrote on last edited by
                      #10

                      Ghazi & Qadi are two different names with different meanings.

                      I didn't know! )

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                      • B Offline
                        B Offline
                        Bigmo
                        wrote on last edited by
                        #11

                        I didn't know! )

                        The qadis that Schacht is talking about are judges of some sort who pass legal judgements or are judicial figures in state affairs.

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