Phyllis A. Wallace. / Includes bibliographical references.

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The present thesis examines Shafi'i's theory of naskh and its influence on the 'ulum al-Qur'an. The thesis looks at two types of sources: internal and external. Internally, the discussion focuses on the origins of naskh, the background and construction of Shafi'i's theory of naskh, tracing the ingredients of Shafi'i's thought in general and of his theory of naskh in particular. Having established Shafi'i's theory of naskh, the thesis goes on to examine it externally by considering Shafi'i's influence on six authors of naskh books (Naḣḣas's al-Nasikh wa al-Mansukh, Makki's al-Idḍaḥ, Ibn al-Jawzi's Nawasikh al-Qur'an, Shu'lah's Ṣafwat al-Rasikh, Ibn al-'Ata'iqi's al-Nasikh wa al-Mansukh) and his impact on the exegesis of eight Qur'anic verses -Q. 2: 106, Q. 22: 52, Q. 45: 29, Q. 7: 154, Q. 16: 101, Q. 13: 39, Q. 4: 160, and Q. 3: 7, discussed by six authors of tafsir (Ṭabari's Jami' al-Bayan, Jaṣṣaṣ's Aḥkam al-Qur'an, Zamakhshari's al-Kashshaf , Ibn al-Jawzi's Zad al-Masir, Qurṭubi's al-Jami' li Aḥkam al-Qur'an, and Suyuṭi's al-Durr al-Manthur). / This thesis argues that despite its marginality in Shafi'i own time and throughout the ninth century in general, his theory of naskh played a significant role in the process of elaborating and systematizing the conceptual discourse on naskh in Qur'anic studies. Support for this assertion is found in the direct quotation of Shafi'i's view by the authors discussed herein, as well as by inference through a comparative analysis of their opinion. Nevertheless, this influence was not carried over into the domain of exegesis.

Muhammad ibn Idris al-Shafi'i (d. 204 H.), the subject of the present thesis, was a Muslim legist who played a central role in the development of Islamic law. He wrote the first treatise on jurisprudence in Islam, a work in which he discusses the nature and sources of Islamic law and develops a legal methodology designed to interpret those sources. Al-Shafi'is legal theory is based on two principles: an insistence on following the scripture and traditions and a restriction on the use of reason. Furthermore, al-Shafi'i established the hierarchy of the four sources of law: the Qur'an, Sunnah, ijma' and qiyas. / In the centuries that followed, al-Shafi'is legal theory was to have a great influence. The Hanbali and the Zahiri schools of law arose in an environment that was considerably influenced by al-Shafi'i and his followers. The founders of these two schools strictly followed revelation and restricted the use of reason: Dawud al-Z ahiri even refused to consider qiyas as one of the sources of law. Although not all aspects of al-Shafi'is theory gained acceptance among later scholars, these scholars nevertheless owe much to al-Shafi'i for his efforts at systematizing the method of deriving law.

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This study examines in detail the basis of al-Shafi`i's arguments for the supremacy of oral tradition over communal legal practice. It concentrates on one broad issue, the definition of `ilm (knowledge) and one technical issue, the problem of authenticating a particular khabar (oral tradition or report, plural akhbar, ) and its binding nature, especially a report of the category known as the specialists' report (khabar al-khassa). On the first issue, this study examines the concept of knowledge based on reports (`ilm al-khabar) because it had an important influence on al-Shafi`i. This is followed by a detailed account of al-Shafi`i's own discussion of `ilm. It brings out clearly that al-Shafi`i means religious law when discussing `ilm. It also shows how knowledge of religious law can be obtained. Al-Shafi`i's approach is to restrict the argument to knowledge of specialised and debatable points, rather than what is generally accepted. He seeks to prove the indispensability in this area of specialists' knowledge of reliable documentation external to the law itself. The following chapter deals with the question of authenticating a khabar from the Prophet (a hadith), not as purely technical question but within a polemical context in which the practical difficulty of authenticating a khabar was used by those opposed to the intellectual dominance of oral tradition as a reason not to use the khabar. In the final chapter al- Shaf i's arguments with two identifiable schools of opposing thought, ahl al-kaläm and ahl al-figh, are examined in detail. The thesis as a whole gives a significant insight into the efficacy and durability of al-Shafi`i's arguments, not so much by defeating his opponents' arguments but by buttressing those of the defenders and advocates of oral tradition.

Towards the end of the 7th century A.D., Iraq was in a state of near civil war, caused by social and political malaise. Factional and tribal feuds and fierce antagonism to the Umayyad reign threatened the survival of the dynasty as the unifying force of the empire. Into this situation, al-Ḥasan b. Muḥammad b. al-Ḥanafiyya (d.c. 100/718), a grandson of 'Alī, introduced a peace formula which was intended to pacify the rival religio-political parties. This idea found adherence especially among religious scholars, who quickly broadened its basis, attracting followers to its pacific message. Despite an unstable record of relations with the court, the movement basically supported with its ideology the legitimacy of the Umayyad reign. The popularity of the movement, especially in some scholarly circles in Kufa, led to the formation of a school of religious thought, which had relied on the basic political and religious attitudes of the early Murji'a, but transformed it into a comprehensive theological system. Although not responsible for the actual forging of Murji'ite attitudes, Abū Ḥanīfa had emerged as the eponymous epitome of the movement and the theological school. The first chapter, "Irjā', The Development of the Idea", investigates several possibilities as the source of this notion, among them the alleged Qur'ānic origin, and the Kitāb al-Irjā' attributed to al-Ḥasan b. Muḥammad b. al-Ḥanafiyya. The second chapter, "The Formation of the Murji'a as a ReligioPolitical Movement" surveys the social and the historical background of the Kufan milieu, the formation of the Murji'ite circle and the social elements it was comprised of, and the position of the movement in political and religious affairs in the first two decades of the 8th century .A.D. The third and last chapter, "The Transformation of the Murji'a from a Political into a Religiously-Oriented School" studies and analyses what is believed to be genuine Murji'ite treatises of religious thought, in comparison to sources of a contemporary rival school and the heresiographers. Special emphasis was laid in the analysis on the subject of theology as a medium for political views.

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