An Introduction to Islamic Law by Joseph Schacht

By Joseph Schacht

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4. 'i, in Syria, represent, as a rule, the oldest solutions adopted by Islamic jurisprudence. The archaic character of his doctrine makes it likely that he, who was himself a contemporary of Abii Hanifa, conserved the teachingof his predecessors, who are nothing more than names to us, in the generation before him. When the doctrine which goes under his name was formulated, the Islamicizing and systematizing tendencies of earliest Islamic jurisprudence had, it is true, already begun to operate, but they were still far from having penetrated the whole of the raw material offered by ancient practice.

This is the background against which there must be viewed *the emergence of Islamic law, of an Islamic administration of justice, and of Islamic jurisprudence. 2. e. on the internal security of the state. 24 THE UMAYYAD ADMINISTRATION AND these were the essential functions of the Arab Kingdom. We therefore find evidence of Umayyad regulations, or adnfinistrative law, mainly in the fields of the law of war and of fiscal law. 7 On the other hand, they supervised the application of the purely Islamic penalties, not always in strict conformity with the rules laid down in the Koran.

Their aim was to make these practices illegal in the same way as, say, the taking of interest was illegal, so that contracts concluded in defiance of the prohibition would be invalid. These particular traditions, however, did not prevail with the Medinese, who, in common with the Iraqians, minimized them by interpretation, and the effort of the Traditionists to change the doctrine of the ancient schools of law remained unsuccessful in this case. ' It has often been presumed a priorithat it was the most natural thing, from the first generation after the Prophet onwards, to refer to a real or alleged decision of his whenever a new problem presented itself.

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