Download Studies in Islamic Legal Theory (Studies in Islamic Law and by Bernard Weiss PDF

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By Bernard Weiss

This quantity is a set of experiences dedicated solely to subject matters and matters within the box of Islamic felony thought and authored via 14 students recognized for his or her paintings during this box. The reviews care for such themes as early notions of charismatic authority.

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The commentary is that by Ubayd Allah al-Barqi (d. 291/904) mentioned in the biographical dictionaries. See especially Qadi lyad, Tartib, 1:526 (where he lists a whole array of commentaries on this text) and my Early Maliki Law, pp. 53-57. AUTHORITY IN EARLY MALIKI TEXTS 11 In this comparison (see Table II), both in the chapters on pilgrimage and the mukatab slave, the three Mukhtasars are almost entirely dependent upon abstract cases and rules, without recourse even to Malik's authority. The two texts by Malik and al-Majishun, in contrast, are deeply dependent on Prophetic and Qur'anic authority in the chapter on pilgrimage, and as noted previously, less so in the chapter on the mukatab slave.

1 Prophetic hadith, 2 comments from ahl alilm and one dictum by Malik. Three Prophetic hadith, then commentary from ahl alilm and Malik's confirmation. " Malik heard that Umm Salamah entered into a severance agreement. Then 19 paragraphs of juristic dicta. Malik heard that 'Urwah b. Zubayr and Sulayman b. Yasar were asked about a case where a man and his son were in a single contract. Then 4 paragraphs of juristic dicta. Narrative hadith about Marwan b. alHakam; 2 paragraphs of juristic dicta. Malik heard that Said b.

Malik's interpretation of the second half of Q, 24:33. "the best of what I have heard" 2 companion hadith, then "dhdlika alarm cindand" then companion hadith Narrative hadith about Ibn cUmar. 6 paragraphs of juristic dicta by Malik. 10 Wansbrough, 70-76. ) 2 companion hadith 2 Prophetic hadith, two juristic dicta by Malik 3 companion hadith 3 Prophetic hadith, 2 companion hadith, 1 mursal prophetic hadith. 4 Prophetic hadith, 1 companion and 1 follower hadith. 1 Prophetic hadith, 2 comments from ahl alilm and one dictum by Malik.

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