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Chapter Two

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Chapter Summary

In this chapter, the author discusses the evolution of Islamic jurisprudence. He states that Hijaz alone could not possibly give satisfactory answers to all sorts of problems arising daily in the different Islamic countries. In the first phase of Muslim history, judgement was still totally undefined. It was only in the following period that ra'y took a certain shape and began to move in a prescribed direction. The terminology of qiyas became current only in a later period. The author states that there is a dearth of non-partisan sources for the history of the earliest development of Islamic jurisprudence. Therefore, it is difficult to determine precisely the date when the above-mentioned Islamic legal sources were introduced. The author states that rivalries between the two schools of Islamic Jurisprudence disappeared, leading to fiqh assuming the meaning of jurisprudence in general and traditional jurisprudence referred to as " fiqh al-hadith".

Keywords: fiqh; fiqh al-hadith; ra'y; Hijaz; Islamic jurisprudence; muslim history; qiyas

10.1163/ej.9789004162419.i-227.9
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