THE DEVELOPMENT OF LOGICAL STRUC-TURE IN SUNNI LEGAL THEORY

  • WAEL B. HALLAQ

Abstract

Modern research has shown that, although by the end of the second Century of the Hijra a fairly elaborate corpus of Sunni positive law had emerged, the theoretical foundation and logical basis of this law still existed in a rather rudimentary form. The lack of an elaborate theoretical basis in the formative period of positive law permitted inconsistent legal formulations which gave rise to disagreements among Sunni scholars and rendered their law susceptible to the attacks of their adversaires. ) An incoherent body of positive law, a law which was presumed to prescribe the ideal way of conduct, had grave implications for Sunni sm. It meant that ahl alsunna had diverged from the path of God as revealed in the Quran and as laid down in the Simna. Thus, a massive movement, whose goal was to create a legal theory grounded in a well-structured logical System of proof for justifying the positive conclusions of the Shari’a, ) was on the upsurge beginning with the last quarter of the second Century (790-815 A.D.). This process of juridical development and refinement of theoretical and technical concepts, which yielded the ‘science’ of usul al-fiqh (legal theoiy), continued at least until the end of the later middle ages

Published
2019-08-21
How to Cite
HALLAQ, W. (2019). THE DEVELOPMENT OF LOGICAL STRUC-TURE IN SUNNI LEGAL THEORY. Religious Studies: An International Journal, 7(1). Retrieved from http://fssh-journal.org/index.php/jrs/article/view/68