The
formative period of Imāmī law is generally placed in Buwayhid Baghdad. However,
by the end of the Buwayhid era, Imāmī law had not yet developed all of the
features that would enable future scholars to elaborate the law along
particular methodological lines. In particular, it was not until the 7th/13th
century that Imāmī scholars invented a typology to systematize the use of ḥadīth as an
independent source of law. Because the bulk of substantive law rests on the
Sunnah, and because the main source of Muslims’ knowledge of the Sunnah is ḥadīth, it is
argued that the moment when ḥadīth
come to be regarded as an independent source of law is a strong indication of
its formative period. While some scholars have tried to locate this development
in an earlier stage of the development of Imāmī law, a careful examination of
key passages in the relevant texts demonstrate that their argument is based on
a misunderstanding of the nature of early bio-bibliographical writing as well
as a misunderstanding of the arguments of critics of the typology.
Primary Language | English |
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Subjects | Religious Studies |
Journal Section | Research Articles |
Authors | |
Publication Date | December 31, 2019 |
Submission Date | November 17, 2019 |
Acceptance Date | December 8, 2019 |
Published in Issue | Year 2019 Volume: 1 Issue: 2 |