Explicitly Said or Only Implied?: The Development of the manṭūq / mafhūm Dichotomy in Islamic Legal Hermeneutics
Abstract There are two main approaches in Islamic legal theory to the classification of a meaning as explicit or implicit. The two approaches—i.e. the Šāfiʿite and the Ḥanafite—differ with regard to their underlying hermeneutic paradigms. It is sometimes assumed that the “standard” Šāfiʿite approach...
| Published in: | Oriens |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2018
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| In: |
Oriens
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| Further subjects: | B
Sayf ad-dīn al-Āmidī
B Faḫr ad-dīn ar-Rāzī B Ibn al-Ḥāǧib B Islamic legal theory (uṣūl al-fiqh) B implication (mafhūm) |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract There are two main approaches in Islamic legal theory to the classification of a meaning as explicit or implicit. The two approaches—i.e. the Šāfiʿite and the Ḥanafite—differ with regard to their underlying hermeneutic paradigms. It is sometimes assumed that the “standard” Šāfiʿite approach corresponds to that of Āmidī (d. 631/1233). However, as this paper argues, there were two other authors who had a major impact on the evolution of the Šāfiʿite approach: the post-Avicennian polymath and Šāfiʿī jurist Faḫr ad-dīn ar-Rāzī (d. 606/1210); and the Mālikite jurist Ibn al-Ḥāǧib (d. 646/1249) who creates his own classification—on the basis of both Āmidī’s approach and the Ḥanafite paradigm. Aḍud ad-dīn al-Īǧī (d. 756/1355) eventually modified Ibn al-Ḥāǧib’s classification using Rāzī’s framework—and this is the version which is nowadays referred to as the Šāfiʿite approach. |
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| ISSN: | 1877-8372 |
| Contains: | Enthalten in: Oriens
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| Persistent identifiers: | DOI: 10.1163/18778372-04601006 |