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DEVELOPMENT OF JURISPRUDENCE
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last has come to bear more and more weight. Every Shafi'ite law book begins each
section with words to this effect, "The basis of this rule, before the agreement (qabla-l-ijma),
is" Qur'an or usage as the case may be. The agreement must put its stamp on every
rule to make it valid. Further, all the now existing schools have practically accepted
ash-Shafi'i's classification of the sources and many have contended that a lawyer, no
matter what his school, who does not use all these four sources, cannot be permitted to
act as a judge. Ash-Shafi'i has accomplished his own definition of a true jurist,
"Not he is a jurist who gathers statements and prefers one of them, but he who
establishes a new principle from which a hundred branches may spring."
But the extreme traditionists were little satisfied with this compromise. They objected
to analogy and they objected to agreement; nothing but the pure law of God and the Prophet
would satisfy them. And their numbers were undoubtedly large. The common people always
heard traditions gladly, and it was easy to turn to ridicule the subtleties of the
professional lawyers. How much simpler, it struck the average mind, it would be to follow
some clear and unambiguous saying of the Prophet; then one could feel secure. This desire
of the plain man to take traditions and interpret them strictly and literally was met by
the school of Da'ud az-Zahiri, David the literalist. He was born three or four years
before the death of ash-Shafi'i, which occurred in 204. He was trained as a Shafi'ite and
that, too, of the narrower, more traditional type; but it was not traditional
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enough for him. So he had to cut himself loose and form a school of his own. He
rejected utterly analogy; he limited agreement, as a source, to the agreement of the
immediate Companions of Muhammad, and in this he has been followed by the Wahhabites alone
among moderns; he limited himself to Qur'an and prophetic usage.
In another point also, he diverged. Ash-Shafi'i had evidently exercised a very great
personal influence upon his followers. All looked up to him and were prepared to swear to
his words. So there grew up a tendency for a scholar to take a thing upon the word of his
master. "Ash-Shafi'i taught so; I am a Shafi'ite and I hold so." This, too,
Da'ud utterly rejected. The scholar must examine the proofs for himself and form his own
opinion. But he had another peculiarity, and one which gained him the name of literalist.
Everything, Qur'an and tradition, must be taken in the most exact sense, however absurd it
might be. Of course, to have gone an inch beyond the very first meaning of the words would
have been to stray in the direction of analogy. Yet, as fate would have it, to analogy,
more or less, he had in the end to come. The inexorable law that the limited cannot bound
the unlimited was proved again. "Analogy is like carrion," confessed a very much
earlier traditionist, "when there is nothing else you eat it." Da'ud tried to
make his meal more palatable by a change in name. He called it a proof (dalil)
instead of a source (asl); but what difference of idea he involved in that it is
hard to determine. This brought him to the doctrine of cause, already
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