<<
>>

The Hanafijurist Abu Zayd al-Dabbusi (d. 430/1039) hails from the eastern part of the Islamic world, where he served as qadi in Bukhara’ under the Samanid dynasty in Transoxania.[421]

His work on legal theory, Taqwlm al-adilla, influenced later Hanafi scholars, such as Muhammad b. Ahmad al-Sarakhsi (d. 483/1090, 490/1096 or 495/1101) and Abu l-Hasan tAli b.

Muhammad al-Pazdawi (d. 482/ 1089). Al-Dabbusi does not explore the theological dimension of the Law in his work but concerns himself primarily with practical aspects of interest to law-finding. Ibn Khaldun (d. 808/1406) considers his work a refinement to the structure and content of usul al-fiqh, ushering in a juristic approach to the dis­cipline, turning away from the so-called theologian-jurists (mutakallimun).[422] Nevertheless, theology is not absent from Taqwlm al-adilla. Although Rudolph argues that the theology of Abu Mansur al-Maturidi (d. 333/944) had only been adopted by Transoxanian Hanafis by the end of the 5th/11th century, with scholars such as Abu Yusr al-Pazdawi (d. 493/1100) and Abu l-Mu'in al-Nasafi (d. 508/1114),[423] al-Dabbusi’s work exhibits clear affinities with Maturidi thought that go beyond pure coincidence, even if al-Maturidi himself is not referenced. Bedir, too, counts him among the followers of al-Maturidi in theology, though argues that he was close to Muttazili positions and influenced by Abu Bakr al-Jassas (d. 370/980).[424] Madelung speaks of a school of Samarqandi Hanafis who continued to follow al-Maturidi’s theology in the place where he was active.[425] [426] As we will see throughout this chapter, al-Dabbusi falls comfortably within the Maturidi tradition, pushing Rudolph’s timeline of the spread of al-Maturidi’s influence in the East at least half a century earlier. Al-Dabbusi’s alignment with al-Maturidi is particularly evident in his meta-ethics - the commitment to God’s wisdom (hikma) as the source of ethical and legal nor­mativity and confidence in human rationality. While for al-Dabbusi, God is not as accessible to human understanding as for the Muttazili scholars discussed in the previous two chapters, at the same time He is not as inscrutable as Ashtaris hold.[427] A modicum of permeability exists between the realm of the mundane and that of the divine, allowing for analogies from this world to the unseen, yet reserving for God a domain of His own. One may say that al-Dabbusi holds a middle position between Muhazilis and Ashtaris that preserves divine omnip­otence but allows for rational understanding of the existence of the divine and recognizing the wise divine order in this world. In what follows, I present first al-Dabbusi’s interpretation of divine wisdom, human rationality, and language convention; followed by how these concepts influence the derivation of ethi­cal and legal norms rationally and in light of Revelation; and finally turn to how our author operationalizes the ethical content of divine rulings in the pro­cedure of analogy.

1

<< | >>
Source: Opwis Felicitas. Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory. Brill,2025. — ix, 201 p.. 2025
More legal literature on Laws.Studio

More on the topic The Hanafijurist Abu Zayd al-Dabbusi (d. 430/1039) hails from the eastern part of the Islamic world, where he served as qadi in Bukhara’ under the Samanid dynasty in Transoxania.[421]:

  1. CHAPTER 4 Abu Zayd al-Dabbusι and the Wisdom of the Law
  2. The Muttazilι Hanafijurist Abu l-Husayn al-Basri (d. 436/1044) has left his influ­ence on many later legal theorists, who cite his positions, even if only to refute them.[296]
  3. [Abu Usama:] Abu 'Abd Allah said, “None of the children of Adam is in need of anything for which a standard has not already been estab­lished by God and His Messenger (may God's prayer and peace be upon him and his Family).
  4. At its peak in the mid eighteenth century, the Chinese Qing dynasty (1644-1911) was arguably the world's strongest, wealthiest and most flour­ishing polity.
  5. A new political order emerged in Eastern Europe after the First World War as nation-states replaced the empires that had, until recently, ruled the region.
  6. The Impact in the Islamic World
  7. Cossack Ukraine and the Turco-Islamic World
  8. Ansary Tamim. Destiny Disrupted: A History of the World Through Islamic Eyes. PublicAffairs,2009. — 416 p., 2009
  9. WOMEN IN THE ISLAMIC WORLD
  10. 3 Balancing this world and the next Obligation in Islamic law and jurisprudence
  11. PART V ANOTHER WORLD
  12. Was justice served?
  13. Part 1 WESTERN EUROPE AND THE WORLD
  14. When discussing violence in the Islamic milieu, the word jihad inevitably comes to mind, especially in the modern world.
  15. The Arctic Ocean is an unusual part of the world of seas.
  16. Part III No Altars: a Survey of Islamic Family Law in the United States
  17. PART EIGHT World War I and the Struggle for Independenc
  18. Part Eight World War I and the Struggle for Independenc
  19. Part Il Islamic Law and the Transition to Palestinian Statehood: Constraints and Opportunities for Legal Reform