Hallaq Wael B.. Law and Legal Theory in Classical and Medieval Islam. Routledge,2022. � 344 p.. 2022

The twelve studies that make up this volume are among a larger group of articles on the subject written during the decade following 1982 and published between 1984 and 1993. They constitute explorations in a field of research that is still in its infancy, and as such they reflect the development of the author�s own understanding of the subject. It should not come as a surprise therefore that in one article certain assumptions may be taken as valid while in another these very assumptions are modified if not wholly refuted. One obvious case in point is ShafiTs legacy in the evolution of legal theory during the century or so after his death. In certain articles I follow conventional wisdom in taking Shafi�T to be the founder of the science of legal theory. In article VII, however, I challenge this thesis and argue that the image of ShafiT as the �master architect� of legal theory was a much later creation. Thus, the explana�tion of any seeming contradiction must be sought in the chronological sequence of these studies.

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CONTENTS

PREFACE

THE LOGIC OF LEGAL REASONING IN RELIGIOUS AND NON-RELIGIOUS CULTURES: THE CASE OF ISLAMIC LAW AND THE COMMON LAW

Introduction

II NON-ANALOGICAL ARGUMENTS IN SUNNI JURIDICAL QIYAS*

Introduction

The a fortiori Arguments

The reductio ad absurdum Argument

Syllogistics and the Logical Properties of the argumenla a fortiori and reductio ad absurdum

Ill LOGIC, FORMAL ARGUMENTS AND FORMALIZATION OF ARGUMENTS IN SUNNI JURISPRUDENCE