Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Dead Tradition: Joseph Schacht And The Origins Of "Popular Practice"

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Islamic Law and Society

The theories of Joseph Schacht regarding the provenance and development of Islamic jurisprudence have been as widely criticized as they have been deeply influential. Schacht's detractors have, for the most part, taken issue with his modern version of intiqād al-rijāl (criticism of hadīth transmitters), by means of which he claimed to turn the previously accepted chronology of early Islamic legal evolution - Allāh→Muhammad→Companions→Followers→fiqh —on its head. However, neither critics nor supporters of Schacht are wont to inquire into a more fundamental question: if prophetic exempla and scriptural dicta are, on Schacht's view, only secondary contributors to the formation of sharī a, what then is the ultimate source of the "living tradition" and "popular practice" to which he assigns the primary role in that enterprise? This essay attempts to elicit a straightforward answer to that question from Schacht's elusive writings on the subject, and then puts that answer to the test with the help of two of the rare instances in which Schacht commits himself on this score regarding specific legal issues.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation