In order to understand Islamic legal theory it is important that we study it in the light of the practice which preceded its formation. By studying the relation between the later theory and the practice during the early period of. Islam we will be able to determine the influences on this. theory in its background and development. The present thesis is an attempt to answer a question about this relation between the legal theory and the-preceding practice in one branch of the legal theory. This branch is the Islamic legal theory of the administration of justice al-Qada. The question posed in the thesis is this: Did the theory of the administration in the second and third centuries A. H. express the natural historical development of the Islamic practice of this institution from the time of its introduction until the end of the Umayyad period (when Islamic institutions began to be analysed and discussed) or, on the other hand did Muslim scholars construct the theory in opposition to the actual practice, thereby avoiding any influence from that practice,
Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:504702 |
Date | January 1974 |
Creators | Al-Humaidan, Humaidan Abdullah |
Contributors | Burton, J. |
Publisher | University of St Andrews |
Source Sets | Ethos UK |
Detected Language | English |
Type | Electronic Thesis or Dissertation |
Source | http://hdl.handle.net/10023/2629 |
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