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" The history and doctrine of the Zahiri madhhab "
Amr Osman
M. A. Cook
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1103896
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| Doc. No
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TLpq520461603
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| Main Entry
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Amr Osman
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M. A. Cook
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| Title & Author
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The history and doctrine of the Zahiri madhhab\ Amr OsmanM. A. Cook
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| College
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Princeton University
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| Date
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2010
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| student score
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2010
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| Degree
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Ph.D.
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| Page No
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401-n/a
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| Abstract
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This study investigates aspects of the history and doctrine of the Z[dotbelow] ahiri madhhab . Due to the lack of primary sources from any Z[dotbelow]ahir i scholar other than Ibn H[dotbelow]azm al-Andalusi, it seeks to identify what is knowable about the madhhab and Dawud ibn 'Ali ibn Khalaf al-Is[dotbelow]bahani (known as Dawud al-Z[dotbelow] ahiri), the scholar credited with establishing it, and how this can contribute to our understanding of its history and doctrine. The study begins with a survey of Z[dotbelow]ahir i scholars from the time of Daw ud. Biographical evidence suggests that, contrary to what has generally been assumed, Dawud's profile was closer to that of the Ahl al-Ra'y rather than to that of the Ahl al-[dotbelow]Hadith scholars of his age. The survey of Z[dotbelow]ahir i scholars indicates that in no time in its history did the Z[dotbelow] ahiri madhhab develop into an institutionalized legal school similar to the surviving ones. It is also argued that Ibn H[dotbelow]azm's role in the history of the madhhab goes far beyond the fact that he is the only Z[dotbelow] ahiri scholar whose writings have survived. The picture of the Z[dotbelow]ahir i madhhab changes after him, and his character and scholarly accomplishments would have had the effect of transforming Z[dotbelow] ahirism into a real legal school. Nonetheless, Ibn H[dotbelow]azm's accomplishments and the dependence of later Z[dotbelow]ahir i scholars on his writings and their lack of creativity may have contributed, among other things, to the ultimate demise of Z[dotbelow] ahirism. The theme of Dawud's relationship with the legal trends of his age is explored in chapters two and three, where the juridical thinking of the Ahl al-R'ay and the Ahl al-H[dotbelow]adith is discussed for the purpose of identifying what may have been characteristic of each of them. Evidence suggests that Dawud was doctrinally closer to the Ahl al-Ra'y , with whom he shared fundamental legal and linguistic views. Daw ud appears to have drawn on their legal methodology, which differs in its assumptions, methodology, and objectives from that of the Ahl al-H[dotbelow]adith . It is also argued that while the term Z[dotbelow]ahir may have had more than one linguistic application, its most important one was on the issue of 'umum , the unrestricted indication and scope of applicability of words and sentences. Together with the assumption of the legality of whatever the law does not forbid and the presumption of continuity, this belief in 'umum constitutes the core of Z[dotbelow]ahirism and explains linguistic and legal views that it endorsed or rejected. Finally, this study challenges the view that Z[dotbelow]ahirism is literalist. It is demonstrated that the definition of literal meaning and the possibility of identifying it are disputed issues in modern philosophy of language. Z[dotbelow]ahirism is not literalist according to what is commonly regarded as the defining feature of literalism, namely, its disregard of the context. Unlike literalism, Z[dotbelow]ahirism takes the historical and contextual contexts into account when interpreting a (legal) text. In this and in other fundamental assumptions and views on the nature and role of the law, the distinction between the lawmaker and legal interpreter, and the appropriate methodology for interpreting the law, Z[dotbelow] ahirism resembles legal textualism, which represents its modern Western counterpart.
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Dawud al-Zahiri
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Doctrine
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Madhhab
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Philosophy, religion and theology
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Social sciences
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Zahirism
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