RT Article
T1 “Why Study Uṣūl al-Fiqh?”: The Problem of Taqlīd and Tough Cases in 4th-5th /10th-11th Century Iraq
JF Islamic law and society
VO 28
IS 1/2
SP 1
OP 31
A1 Soufi, Youcef L.
LA English
YR 2021
UL https://ixtheo.de/Record/1749248875
AB Abstract The function of uṣūl al-fiqh (legal theory) within classical Islamic law has been the object of protracted debate. Based on the writings of Abū Isḥāq al-Shīrāzī (d.476/1083), I propose that uṣūl al-fiqh served two pedagogical purposes within the Iraqi legal community of the 4th/10th and 5th/11th centuries: first, to avoid taqlīd , defined as the subscription to a position without evidence; and second, to provide jurists with tools to assess the validity of a proof when they were confused about its merits. My analysis sheds light on uṣūl al-fiqh ’s role in providing epistemological foundations for juristic reasoning. It also reveals that practical engagement on disputed legal matters ( masāʾil al-khilāf ) prevailed over uṣūl al-fiqh in the training of jurists. The consequence: uṣūl al-fiqh was a methodology of last resort.
K1 al-Shīrāzī
K1 Fiqh
K1 masāʾil al-khilāf
K1 ijtihād
K1 Taqlīd
K1 Uṣūl al-fiqh
DO 10.1163/15685195-BJA10006