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DEVELOPMENT OF JURISPRUDENCE
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canon law of Islam was slowly growing up, slowly rounding into full perfection of
detailed correlation. It was governing absolutely the private lives of all the good
Muslims that were left, and even the godless Umayyads, as they had to preach on Fridays to
the People of Muhammad, so they had to deal with it cautiously and respectfully. Of the
names and lives of these obscure jurists little has reached us and it is needless to give
that little here. Only with the final fall of the Umayyads, in the year of the Hijra 132,
do we come into the light and see the different schools forming under clear and definite
leaders.
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CHAPTER II
The Abbasid revolution; the compromise; the problem of the Abbasids; the two classes of
canon lawyers and theologians; the rise of legal schools; Abu Hanifa; his application of
Legal Fiction; istihsan: the Qadi Abu Yusuf; Muhammad ibn al-Hasan ; Sufyan
ath-Thawri; al-Awza'i; Malik ibn Anas; the Usage of al-Madina; istislah; the
doctrine of Agreement; the beginning of controversy; traditionalists or historical lawyers
versus rationalists or philosophical lawyers; ash-Shafi'i, a mediator and systematizer;
the Agreement of the Muslim people a formal source; "My People will never agree in an
error;" the resultant four sources, Qur'an, Usage, Analogy, Agreement; the
traditionalist revolt; Da'ud az-Zahiri and literalism; Ahmad ibn Hanbal; the four abiding
schools; the Agreement of Islam; the Disagreement of Islam; iurare in verba magistri;
the degrees of authority; the canon and the civil codes in Islam; their respective
spheres; distribution of schools at present day; Shi'ite law; Ibadite law.
THAT great revolution which brought the Abbasid dynasty to power seemed at first to the
pious theologians and lawyers to be a return of the old days. They dreamt of entering
again into their rights; that the canon law would be the full law of the land. It was only
slowly that their eyes were opened, and many gave up the vain contest and contented
themselves with compromise. This had been rare under the Umayyads; the one or two canon
lawyers who had thrown in their lot with them had been marked men. Az-Zuhri (d. 124), a
man of the highest moral and theological reputation who played a very important
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