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Development of an archetype : studies in the Shurayḥ traditions

Shurayh&dotbelow; b. al-H&dotbelow;arith al-Kindi, the Successor and qad&dotbelow;i is, without a doubt, the most famous Kufan jurist prior to Ibrahim al-Nakha`i (d. 95/713). But neither Shurayh&dotbelow; nor his Kufan contemporaries left any books or written records. All information about the qad&dotbelow;i comes in the form of traditions provided by the later generations of Muslim chroniclers. These traditions do not satisfy any standard of historical verifiability; they tell us primarily and reliably only about what those later generations thought important to say about, or in the name of, Shurayh&dotbelow;. This is, nonetheless, vital information, and its importance is defined in the thesis question: what can we, by examining the traditions about Shurayh&dotbelow;, learn about the development of Islamic law? / The traditions are categorized into the following typologies, each of which is analyzed in a separate chapter: (a) biographical traditions, (b) legal theory, (c) legal ethics and procedure, (d) substantive law, (e) Shi`a juridical traditions. The analysis of the biographical traditions reveals that quite early after Shurayh&dotbelow;'s death---estimated at sometime between 76/695 and 99/718, he had evolved into a hazy figure. / In addition to providing a response to the thesis question, the conclusion seeks to answer some other questions, among them: why did Shurayh&dotbelow;, who was not the legal reasoner par excellence of his time, metamorphose into an aretological figure? Why did the Kufans seek to back-project his appointment to the time of `Umar? Based on the evidence, it is concluded that in Kufan imagery, Shurayh&dotbelow;'s legal opinions were deemed as valid as those of a Companion, and he personified the Kufan authority of "pastness."

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.37906
Date January 2001
CreatorsMohammed, Khaleelul Iqbal.
ContributorsHallaq, Wael (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageDoctor of Philosophy (Institute of Islamic Studies.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001845238, proquestno: NQ75663, Theses scanned by UMI/ProQuest.

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