Foreign International Law

An Introduction to Islamic Law by Joseph Schacht

By Joseph Schacht

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It was not long before various movements arose in opposition to the opinions held by the majorities in the ancient schools of law. In Kufa, for instance, where the name of Ibn Mas'id had become attached to the main stream of legal doctrine, any opinions which were put forward in opposition to the traditional doctrine of the majority had to invoke an equally high and possibly even higher authority, and for this purpose the name of the caliph 'Ali, who had made Kufa his headquarters, presented itself easily.

A high degree of reasoning, often somewhat ruthless and unbalanced, with little regard for practice, is typical of Abfi Hanifa's legal thought as a whole. The doctrine of Abfi Yfisuf, by and large, presupposes the doctrine of Abii Hanifa, whom he regarded as his master. The most prominent peculiarity of Abfi Yfisuf's own legal thought is I For an example, see below, p. 79- LAWYERS OF THE SECOND CENTURY 45 that he is more dependent on traditions than Abai Hanifa, because there were more authoritative traditions from the Prophet in existence in his time, and compared with this dependence on traditions, Islamic ethical considerations of a material kind are less important.

79- LAWYERS OF THE SECOND CENTURY 45 that he is more dependent on traditions than Abai Hanifa, because there were more authoritative traditions from the Prophet in existence in his time, and compared with this dependence on traditions, Islamic ethical considerations of a material kind are less important. anifa's somewhat unrestrained reasoning, although, in diverging from his master, he occasionally abandoned the more perspicacious or more highly developed doctrine. Finally, a remarkable feature of Abi Yaisuf's doctrine is the frequency with which he changed his opinions, not always for the better.

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