By Walter Edward Young
The Dialectical Forge identifies dialectical disputation (jadal) as a first-rate formative dynamic within the evolution of pre-modern Islamic felony platforms, selling dialectic from relative obscurity to a extra applicable place on the vanguard of Islamic felony reviews. the writer introduces and develops a dialectics-based analytical process for the research of pre-modern Islamic criminal argumentation, examines parallels and divergences among Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the ability of jadal in shaping Islamic legislations and criminal theory.In addition to overviews of present evolutionary narratives for Islamic criminal concept and dialectic, and expositions on key texts, this paintings shines an analytical mild upon the significantly refined “proto-system” of juridical dialectical educating and perform obvious in Islam’s moment century, numerous generations prior to the 1st “full-system” treatises of felony and dialectical idea have been composed. This proto-system is printed from analyses of dialectical sequences within the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) via a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). particular good points hence exposed tell the elaboration of a Dialectical Forge version, whose extra basic elements and services are explored in ultimate chapters.
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Additional info for The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law
The systematic effect of dialectic on the modes of exposition of legal theories is readily obvious, reflecting the background against which this theory grew to maturity. 23 The italicized sentence is of singular import. It a starting point; and the current project aims to bring consideration of this “background” to the forefront of Islamic legal-theoretical studies, to demonstrate its dynamism in the evolution of jadal and uṣūl systems since their earliest stages, and to formulate a general theory explaining it.
39 “Islamic Disputation Theory,” pp. 89. The basis for this assumption is unclear. Many factors tie al-Shīrāzī not only to the east and its traditions, but to the person of al-Juwaynī himself. From al-Subkī’s Ṭabaqāt (and E. Chaumont’s rendering of much of its detail in his EI2 article on al-Shīrāzī), we learn that: (1) Abū Isḥāq al-Fīrūzābādī al-Shīrāzī (note the nisbas) studied with Shāfiʿīs in Fīrūzābād and Shīrāz, as well as in Baṣra and Baghdād (where his teachers also bear many an eastern nisba); (2) the Niẓāmiyya madrasa in Baghdad—where he was to teach for nearly 20 years—was constructed in his honour; and (3) late in life he journeyed to Nīshāpūr and met al-Juwaynī (there directing the madrasa also built in his honour by Niẓām al-Mulk), “with whom he conducted several sessions of judicial controversy (the text of these disputatios is preserved in al-Subkī [Ṭabaqāt])” (Chaumont, “al-Shīrāzī,” EI2).
Schacht, Joseph. The Origins of Muhammadan Jurisprudence. Oxford: Oxford University Press, 1950. al-Shāfiʿī, Muḥammad b. Idrīs. Hādhā Kitāb mā Ikhtalafa fīhi Abū Ḥanīfa wa Ibn Abī Laylā ʿan Abī Yūsuf… wa huwa Kitāb Ikhtilāf al-ʿIrāqiyyīn (or al-ʿIrāqiyyayn) [= Umm Version]. In idem, al-Umm. Ed. Maḥmūd Maṭrajī. Beirut: Dār al-Kutub al-ʿIlmiyya, 1993, pt. 7, pp. 161–250. al-Shāfiʿī, Muḥammad b. Idrīs. Kitāb Ikhtilāf Abī Ḥanīfa wa Ibn Abī Laylā [= Umm Version]. ) Ed. Aḥmad Badr al-Dīn Ḥassūn. Beirut: Dār Qutayba, 2003, vol.