Explicitly Said or Only Implied?
There are two main approaches in Islamic legal theory to the classification of a meaning as explicit or implicit. The two approaches-i.e. the Šāfiʿite and the Ḥanafite-differ with regard to their underlying hermeneutic paradigms. It is sometimes assumed that the "standard" Šāfiʿite approac...
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Veröffentlicht in: | Oriens 2018 (1-2), p.186-221 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | There are two main approaches in Islamic legal theory to the classification of a meaning as explicit or implicit. The two approaches-i.e. the Šāfiʿite and the Ḥanafite-differ with regard to their underlying hermeneutic paradigms. It is sometimes assumed that the "standard" Šāfiʿite approach corresponds to that of Āmidī (d. 631/1233). However, as this paper argues, there were two other authors who had a major impact on the evolution of the Šāfiʿite approach: the post-Avicennian polymath and Šāfiʿī jurist Faḫr ad-dīn ar-Rāzī (d. 606/1210); and the Mālikite jurist Ibn al-Ḥāǧib (d. 646/1249) who creates his own classification-on the basis of both Āmidī's approach and the Ḥanafite paradigm. Aḍud ad-dīn al-Īǧī (d. 756/1355) eventually modified Ibn al-Ḥāǧib's classification using Rāzī's framework-and this is the version which is nowadays referred to as the Šāfiʿite approach. |
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ISSN: | 0078-6527 1877-8372 |
DOI: | 10.1163/18778372-04601006 |