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

Full Access From Fatwās To Furü: Growth and Change in Islamic Substantive Law

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.

From Fatwās To Furü: Growth and Change in Islamic Substantive Law

  • PDF
Add to Favorites
You must be logged in to use this functionality

image of Islamic Law and Society

Modem Islamicist scholarship maintains that after the formative period Islamic substantive law became increasingly rigid, eventually losing touch with political, social, and economic developments. This view has remained in force despite the fact that some scholars have acknowledged that fatwās dealing with new issues were incorporated into subsequent manuals of substantive law. Against this view, I argue that primary and secondary fatwās not only were incorporated on a regular basis into these manuals, but also were instrumental in bringing about legal change by updating the corpus of substantive law. Drawing on a wide range of legal texts emanating from the Hanafi, Mālikī, and Shāfiī schools, I establish a strong connection between fatwās and their social background; define the methods and procedures by which fatwās were incorporated into positive law; and analyze the reasons for their selective incorporation. In the conclusion, I tentatively suggest that the evidence of the muftī's and the proto-mufti's activity in early Islamic times tends to undermine Schacht's thesis regarding the relatively late origins of Islamic jurisprudence.

Affiliations: 1: (McGill University, Canada)


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation