The Jurist and the Theologian

This in-depth study examines the relation between legal theory (üul al-fiqh) and speculative theology ( ilm al-kalam). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shafi i school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.

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This in-depth study examines the relation between legal theory (u ul al-fiqh) and speculative theology ( ilm al-kalam). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shafi i school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.

Contenu

Table of Contents (v)

Acknowledgments (ix)

Introduction (1)

Research Methodology (4)

Defining Speculative Theology and Legal Theory (7)

Why the Shafi i School of Law? (11)

Typologies of Legal Theory (13)

Overview of Chapters (17)

Chapter One: Modern Scholarship on the Relationship Between Theology and Legal Theory (27)

Introduction (27)

The Historical Argument (28)

The Causal Argument (32)

Denying the Relationship (38)

Theologized and Untheologized Legal Theory (42)

The Compartmentalisation of Religious Disciplines (45)

The Counterintuitive Effect (48)

Conclusion (53)

Chapter Two: The Context (55)

Introduction (55)

Political Context (56)

Intellectual Context (61)

Four Biographies (75)

Conclusion (87)

Chapter Three: The Theology of Qiyas (93)

Introduction (93)

The Definition of qiyas (94)

Speculative Theology and qiyas (97)

Causality and the Ratio Legis 102)

Jurisdiction of qiyas (120)

Deducing the Ratio Legis: The Formal Methods (127)

Deducing the ratio legis: The Material Methods (141)

Conclusion (159)

Chapter Four: The Rule of Law before the Law (165)

Introduction (165)

Suspension and Permission (181)

Proscription (204)

Conclusion (232)

Chapter Five: Count the Truth(s) (239)

Introduction (239)

Culpability for Error (255)

The Determination of Divine Law (262)

The Single Truth (275)

Multiple Truths (286)

Theology and the Multiplicity of Truth (295)

Conclusion (306)

Conclusion (315)

Sources in Arabic (327)

Sources in English and European Languages (341)

Index (353)