The Epistle on Legal Theory

Contents

Table of Contents Letter from the General Editor iii Acknowledgments xii Introduction xv A Note on the Text xxi Notes to the Introduction xxxviii Epistle on Legal Theory 2 Chapter on the Modalities of Legislative Statements 14 Chapter on the First Kind of Legislative Statement 18 Chapter on the Second Kind of Legislative Statement 22 Chapter on the Third Kind of Legislative Statement 24 Chapter on the Fourth Kind of Legislative Statement 26 Chapter on the Fifth Kind of Legislative Statement 28 Chapter Explaining What Is Revealed in the Book as Unrestricted, and Intended as Unrestricted, but Also Partly Restricted 44 Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Combines the Unrestricted and the Restricted 46 Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Is Intended in Its Entirety as Restricted 48 Chapter on the Category of Statements in Which Context Indicates the Meaning 52 The Category in Which the Wording Indicates the True Meaning Rather Than the Apparent Meaning 54 Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted 56 Explanation of God’s Imposition in His Book of the Obligation to Follow the Practice of His Prophet 62 The Obligation from God to Obey the Prophet, Paired with Obedience to God and Mentioned Separately 66 x Table of Contents Chapter on God’s Command to Obey God’s Emissary 68 Chapter on God’s Statement to His Creation Concerning Having Obliged His Emissary to Follow What Was Revealed to Him; The Evidence He Gave Concerning His Emissary’s Following What He Was Commanded to Do, His Emissary’s Being Guided, and His Emissary’s Guidance of Those Who Follow Him 72 The Beginning of Abrogation 80 Abrogation Indicated Partly by the Book and Partly by Prophetic Practice 88 Chapter on the Obligation to Pray That the Book and Then Prophetic Practice Indicate to Be Obviated by Reason of an Excuse; and Concerning Him Whose Prayer Is Not Counted as Disobedience 92 Abrogation Indicated by Prophetic Practice and Consensus 104 Chapter on Obligations That God Revealed in the Form of Explicit Texts 112 Obligations Established by Explicit Texts and in Regard to Which God’s Emissary Provided a Parallel Practice 118 Obligations Established by Explicit Texts in Regard to Which Prophetic Practice Indicates That He Intended Something Restrictive 122 Obligations Expressed in General Terms 128 Concerning Alms 136 Concerning the Pilgrimage 142 Concerning Waiting Periods 144 Concerning Women Unlawful to Marry 146 Concerning Unlawful Kinds of Food 148 Concerning That from Which Widows Must Abstain during the Waiting Period 152 Chapter on Problems Affecting Hadith-Reports 154 Another Instance of Abrogation 178 Another Instance 182 Another Instance 186 Another Instance of Legal Disagreement 198 Inconsistency in Narration in a Way That Differs from What Preceded 204 Another Instance Considered Contradictory, but Not by Us 208 Another Instance Considered a Case of Legal Disagreement 214 xi Table of Contents Another Instance of Legal Disagreement 218 Concerning the Major Washing for Friday Prayer 222 Prohibition for a Reason Indicated by a Reason Given in Another Hadith-Report 226 Prohibition for a Reason That Is Clearer Than That in the Preceding Discussion 232 Prohibition for a Reason Resembling the Preceding Discussion in One Way, and Differing from It in Another 234 Another Chapter 242 An Instance That Resembles the Preceding Point 246 Description of God’s and His Emissary’s Prohibitions 250 Chapter on Knowledge 258 Chapter on the Uncorroborated Report 268 Authority Confirming the Uncorroborated Report 286 Chapter on Consensus 334 Chapter on the Confirmation of Analogical Reasoning and Legal Interpretation; When Analogizing Is Necessary and When Not; Who May Perform Analogies 338 Chapter on Legal Interpretation 348 Chapter on Subjective Reasoning 360 Chapter on Legal Disagreement 404 Chapter on Inheritance Shares 422 Chapter on the Disagreement over the Grandfather 426 Opinions of the Companions 430 The Status of Consensus and Analogy 432 Notes 437 Glossary of Names and Terms 461 Bibliography 479 Further Reading 485 Index of Qurʾan Passages 487 Index 489 About the NYU Abu Dhabi Institute 502 About the Typefaces 503 About the Editor-Translator 504 ...