Abu Ishaq al-Shirazi (393-476/1003-1083) was, next to al-Juwayni, the leading ShafitI jurist of his time.

Like his colleague of NIshapur, he was appointed by the Saljuq vizier Nizam al-Mulk (d. 485/1092) to be director to the Nizamiyya madrasa in Baghdad, a college closely associated with Shafitism in law and Ashtarism in theology.^[551] Yet, whether he adhered to Ashtarism or should rather be counted among the traditionalists has been the subject of debate.^[552] Eric Chaumont argues that his theological works put him safely in the former camp.^[553] Eissa attributes the confusion around al-ShIrazI^,s theological affiliation to the latter's attempt, conscious or not, to limit the presence of theology in legal theory.^[554] Soufi counts him among the “Iraqi Shafitis who were cautious about incorporating AshtarI theology within their legal theory.”^[555] As we will see below, in his legal writings, al-Shirazi is often critical of some Ash^tari positions - a reminder that Ash^tarism is an umbrella for a wide variety of views and that theological affiliation does not always determine legal positions.

On the question of normativity, al-Shirazi unambiguously adheres to the Ash^tari position that the status of acts is only knowable through divine information,^[556] leaving no role to independent rational ethico-legal assessment. He also expressly espouses the Ash^tari linguistic model that focuses on meaning (ma^cna) - in contrast to utterance (la∕⅛) - of the divine word as the object of investigation. Yet, when it comes to details, al-Shirazi often carves out his own position, not only distancing himself from Mu^ttazili but also specifically from Ash^tari views. In his most important works on legal theory, Kitab al-Luma^r fi usul al-fiqh. and al-Tabsira fi usul al-fiqh (the latter devoted to controversial topics of legal theory),^[557] he has little interest in detailing how ethical norms are discernable and does not directly address whether there is a connection of good (hasan) and bad (qablh.) to the legal status of acts.

He is mainly concerned with constructing a linguistic framework to correctly interpret the divine word and the religious duties (takllf) about which it informs - a framework that is built upon the concept of meaning (ma^cna) and the way Arabs, at the time of the Prophet, understood the revealed word.^[558] In his interpretation of language, al-Shirazi usually opts for the most apparent (zahir) meaning and grammatical structure. He emphasizes the revealed text, as opposed to theological commitments, often displaying affinities to traditionalism.^[559] As we will see below, al-Shirazi’s linguistic approach to the Law also permeates his analysis of legal analogy (qiyas), though he displays a purposivist tendency that goes beyond literal meanings to identify the ratio legis. Nevertheless, his attempts to stay as close to the revealed texts as possible prompts Siddiqui to paint him rather restrictive in his interpretation of legal analogy in comparison to al-Juwayni.^[560]

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Source: Opwis Felicitas. Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory. Brill,2025. — ix, 201 p.. 2025

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Abu Ishaq al-Shirazi (393-476/1003-1083) was, next to al-Juwayni, the leading ShafitI jurist of his time.

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