The Early Development
of Islamic Jurisprudence,
[A5+] Paperback - 250 pages,
by Prof. Ahmad Hasan,
Published by Adam Publishers.
Out of Stock
Description :
Jurisprudence is the science of the first principles of law which may concern itself with law in its various aspects namely; with it's traditional analysis, with it's historical origin and development, and with it's ideal character.
A particular legal theory springs from a legal system which already exists in a society. The theory of law in Islam must have existed in it's nebulous form during the time of the Companions (of the Prophet Muhammad, may Allah bless him and grant him peace,) when they were faced with new conditions. They must have thought about the source of Law, and the method of reasoning for solving fresh problems. The classical legal theory, however, was not given it's technical and systematic form by the Companions, but developed and was formalised during the second and third generation.
The present dissertation is an attempt at showing the historical development of Islamic jurisprudence in the first two centuries of the Hijrah. It is based mainly on the works of Imam Malik, Imam Abu Yusuf, Imam al-Shaybani and Imam al-Shafi'i, may Allah be pleased with them all.
Table of Contents :
---Foreword,
---Preface,
---Note on Transliteration,
---Introduction.
---[I]. Meaning of Fiqh,
---[II]. Origins of Early schools of Law,
---[III].The Sources of Islamic Law,
---[IV].The theory of Naskh,
---[V]. The Sunnah: it's early concept and development,
---[VI]. Early modes of Ijtihad : Ra'y, Qiyaas, Istihsaan,
---[VII]. Ijma in the early schools,
---[VIII]. Al-Shafi'is Role in the development of Islamic Jurisprudence.
---Conclusion,
---Bibliography,
---Index.
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