On Schachts Origins of Muhammadan Jurisprudence

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He was the leading Western scholar on Islamic law , whose Origins of Muhammadan Jurisprudence is still considered a centrally important work on the subject. The author of many articles in the first and second editions of the Encyclopaedia of Islam , Schacht also edited the second edition of The Legacy of Islam for the Legacy series of Oxford University Press and authored a textbook under the title An Introduction to Islamic Law Schacht was born into a Catholic family but, with a zeal for study, became at an early age a student in a Hebrew school.

In he became there a professor extraordinarius, making him the youngest professor in all of Germany, and in a professor ordinarius of Semitic languages. But in , without being directly threatened or persecuted, Schacht, as a strong opponent of the Nazi regime, went to Cairo , where he taught until as a professor. In he became a British citizen.

Schacht taught at Oxford University from In he moved to the Netherlands and taught at the University of Leiden.

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In the academic year —, he taught at Columbia University , where, in he became a full professor of Arabic and Islamic studies. He remained at Columbia until his retirement in as professor emeritus. One of Schacht's major contributions to the history of early Islam is the recognition that Hadith probably stems from those in whom the different traditions of the past converge, and this convergence Schacht describes as "common link".

This concept was later used productively by many other orientalists. Rather the law arose from historical development of three different "sunnas" — bodies of custom, rules and law — operating in parallel during the period of the Umayyad Caliphate.


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The most important of the schools of Islamic law developed in Kufa in Mesopotamia , according to Schacht's research, and its legal precepts spread to other cities such as Medina. Beginning around A. According to Schacht, with the exception of "a few modifications dictated by the Qur'an", the Islamic "Sunna" is the same as the "sunna" of "pre-Mohammed Arabia". Providing suspicious justification for the "Traditionist" fabricators were ahadith such as, "sayings attributed to me which agree with the Qur'an go back to me, whether I actually said them or not.

These same traditions, claims Schacht, could not survive a stronger program of investigation. Schacht's views on this matter have come under criticism from scholars in recent decades.

On Schacht’s Origins of Muhammadan Jurisprudence

His notable critics include M. It was the epistemic sum of probable traditions, and not the assured truth of any one tradition in particular, upon which they built their legal rulings. Scholarly reaction to Schacht's work has produced "three camps of scholars" according to Mohsen Haredy citing Wael Hallaq.

Those such as John Wansbrough , and Michael Cook who seek to "reconfirm his conclusions", and at times going beyond them; those who endeavor to refute them Nabia Abbott, F. Sezgin, M.

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On Schacht's Origins of Muhammadan Jurisprudence - Muḥammad Muṣṭafá Aʻẓamī - Google книги

Santillana, G. Juynboll, Fazlur Rahman and James Robson. According to David Forte, "nearly all Western Islamic scholars agree that Schacht's evidence against the authenticity of the traditions is virtually unassailable. Anderson, who states most ahadith were, "beyond question, fabricated," [44] Herbert Liebesny [45] Seymour Vesey-Fitzgerald, who states "there was deliberate forgery of traditions by responsible lawyers on such a scale that no purely legal tradition of the Prophet himself can be regarded as above suspicion.

From Wikipedia, the free encyclopedia.

Joseph Franz Schacht. Ratibor , Poland.


  1. On Schachts Origins of Muhammadan Jurisprudence by Muhammad Mustafa Azami 97.
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  5. In the case in question, the man left the land unused and other people began to use it. In the third quotation, Abu Yusuf advises the caliph that he should instruct the governors to collect zakat and dispense it according to the sunna of the Prophet and that which has been laid down by the caliphs. Finding contradictions in some of the ahadith, Abu Yusuf chooses one which has more weight than others.

    Speaking about the partnership in farming he says:. The best we have heard in this case—and Allah knows the best—is that it is allowed and right [to do so]. We have followed the traditions which came down from the Prophet regarding the partnership of the Land of Khaibar. For these traditions are more trustworthy and more in [number] and general [in rules] than the traditions which have been related against these [traditions]. These quotations clearly show the overriding authority attached by Abu Yusuf to the sunna of the Prophet.

    Schacht does not and, indeed, cannot attempt to deny the existence of the many references to the authority of traditions from the Prophet. But he takes passages such as Muw. Close Menu Search Search.

    The origins of Muhammadan jurisprudence by Joseph Schacht

    Forthcoming Publications Thomas Merton Series. Mustafa Al-Azami. On Schacht's Origins of Muhammadan Jurisprudence quantity. Product Description. Speaking about the partnership in farming he says: The best we have heard in this case—and Allah knows the best—is that it is allowed and right [to do so]. This book is indeed an effective response to Schacht

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