Analysis of Joseph Schacht and the "living sunnah" and origins of Islamic Law
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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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Who is a qadis?
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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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judges
Oh 'ghazee', I get it now...I got confused when it said qadi laugh
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Ghazi & Qadi are two different names with different meanings.
I didn't know! )