Islamic tradition Annotated Bibliography
Abisaab, Rula Jurdi. “Shiʿi Jurisprudence, Sunnism, and the Traditionist Thought (Akhbārī) of Muhammad Amin Astarabadi (d. 1626–27).” International Journal of Middle East Studies 47.1 (2015): 5-23.
Rula Jurdi Abisaab is an associate professor at the Institute of Islamic studies at McGill University. In the article, Abisaab describes Shi’i juristic tradition as an aspect that is controlled by a given practice, conventions, models of analysis, and ways of reasoning. She illustrates the limitation of displaying traditionism as a response to Sunni impact. In addition, she states that traditionism materialized when Shi’i juristic tradition acquired link and authority enabled in the relationship between mujtahid-muqallid. According to her, Astarabadi’s traditions was just a resumption in relying on hadith legal aspect and rijal scholarship because its primary concern was refuting ijtihad. Thus, from the article, it is evident that the Astarabadi’s had a role in introducing its beliefs and values to the religion through a legal system.
According to the author, Astarabadi’s traditionism had an essential impact of the juristic tradition orthodoxy aspect, the purpose of the state regarding legal authority and mandates of believers in emulating Mujtahid. The laws of God was to be limited in the regions and issues revealed by imami accounts shows that legal action had to be disbanded in case of any doubt. The mujtahids in part reviewed aspects of human legal conduct more or less manageable. The important aspect, Usuli epistemology, in Astarabadi’s perspective is as a result of metaphysics influence. That said, the divine intent of the law impels the mufti to restrict the regions of substantive law to reveal the failure of a rationale and syllogistic thinking in recovering the laws of God. Based on this, it is apparent that the attack on mujtahids was averse to the state of Safavid which linked itself in the 16th century introducing their legal power and awarding economic achievements.
Hallaq, Wael B. “The development of logical structure in Sunni legal theory.” Der Islam 64.1 (1987): 42-67.
Hallaq is the author of “The development of logical structure in Sunni legal theory” to explain the changes in structure if Sunni legal theory. Hallaq is a researcher of Islamic law and history regarding Islamic intellectual law. His study is focused on problematic ruptures that are brought by the onset of modernity and socio-politico-historical forces consumed by it. He begins the article by referring to the modern study which has stated that, though by the end of Hijra in the second century which is an explicit collection of Sunni positive law was introduced, the theoretical background and relevant aspects of this law existed in a simple nature. According to him, lack of a clear theoretical aspect during the formation period of the law allows conflicting legal formation which resulted in misunderstanding among the Sunni researchers or scholars.
According to Hallaq, although the jurists of the second century focused on formulating their thoughts on substantial grounds by an attempt to determine the common ground between the issues at hand and its equivalence documented. They were unsuccessful in developing a proper and adequate comprehensive theory of illa based on the lack of a logical system composed of facts and evidence to assist retrieve their materials. Upon establishing a system, the jurist introduced and elaborated an impressive complex theory of illa to explain the relevant concept in Islam tradition.
The author claim that even with the absence of materials on the subject from both the third and fourth centuries, a distinct sequence of development can be determined between the period of shafi’i and Ghazali. As Shafi’i together with his ancestors had no distinct understanding of the aspect of illa and its relevance, Farabi while contemplating on a juridicological theory of his present followers displayed that the availability of illa was adequately advanced to qualify the background of current provisions. Therefore, the development of the logical structures of the Sunny legal theory was faced with a lot of challenges.