A History of Islamic Law by N. Coulson PDF

By N. Coulson

ISBN-10: 0852243545

ISBN-13: 9780852243541

The vintage creation to Islamic legislation, tracing its improvement from its origins,through the medieval interval, to its position in glossy Islam.

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A discussion of"the case of the six slaves" may serve to clarify the issues involved. The restriction of the power of testamentary disposition to one-third of the deceased's net assets has been mentioned previously as a ruling of the Prophet called for by the urgent and practical nature of the problem. Schacht, on the other hand,• 6 states that this rule was ofUmayyad oi:igin and gives two reasons for this conclusion. The first is that "the Umayyad origin of the restriction is explicitly stated" in Malik's Muwarra', where it is recorded that, when a man on his death-bed manumitted the six slaves which were his only property, Aban ibn-'Uthman, governor of Medina, drew lots between them and set free only the winning two.

Fi'i if not the limitation of one-third? From the available ev idence, then, the foiJowing development may be reasonably assumed. In regulating a problem posed by the Qur'anic rules themselves the Prophet set the limit oflegacies at one-third. Later doctrine subjected gifts made during death-sickness ro the same restriction. A particular decision to this effect is ascribed to Aban and later, ficti tiously, to the Prophet. It must be emphasised that one example like this cannot afl"ect the fund amental validity of Schacht's thesis; but in disputing the particular conclusions he draws in this case it questions the degree to which he carries his thesis.

883), reacting strongly against the increasing subtlety of legal reasoning, expounded the principle that law should be based only upon the literal and evident ({ahir) meaning of the texts of the Qur'an and the Traditions, and his acolytes thus became known as the ~ahiri school. One of their later outstanding adherents, lbn-I:Iazm (d. 1064), denounced the use of analogical reasoning (qiyas) in law as a perversion and a heresy with such fervour that his voluminous writings were publicly burnt in Seville.

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A History of Islamic Law by N. Coulson

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