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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.22501 |
| Date | January 1992 |
| Creators | Hakim, Ahmad |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001314907, proquestno: MM80293, Theses scanned by UMI/ProQuest. |
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