Abū Yūsuf’s Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā and the Transmission of Knowledge in the Formative Period of the Ḥanafī School
In this essay, I address the longstanding debate on attributing legal texts to formative-period authors by focusing on the transmission of one early text: Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798), and its reception by one early jurist: Abū Jaʿfar al-Ṭaḥāwī (d. 321/9...
| Published in: | Islamic law and society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2022
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| In: |
Islamic law and society
Year: 2022, Volume: 29, Issue: 1/2, Pages: 1-33 |
| Further subjects: | B
Mukhtaṣar
B al-Ṭaḥāwī B Ḥanafī School B Gregor Schoeler B oral / written B Abū Yūsuf B Norman Calder |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | In this essay, I address the longstanding debate on attributing legal texts to formative-period authors by focusing on the transmission of one early text: Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798), and its reception by one early jurist: Abū Jaʿfar al-Ṭaḥāwī (d. 321/933). I argue that al-Ṭaḥāwī’s written work attests to the existence of multiple independent transmissions of Abū Yūsuf’s text and that these transmissions confirm the attribution of the text to Abū Yūsuf. I then reflect on the formative-period written materials consulted by al-Ṭaḥāwī and his contemporaries, arguing that their access to material from a period in which oral transmission was predominant gave them a unique standing in the eyes of classical-era jurists. Finally, I reflect on the role of digests (mukhtaṣars), particularly those of al-Ṭaḥāwī and al-Qudūrī (d. 428/1037), in sealing the movement from orality in the formative period to fixed written texts in the classical period. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/15685195-bja10013 |