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
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