Mālik and Medina : Islamic legal reasoning in the formative period / by Umar F. Abd-Allah Wymann-Landgraf.

Includes bibliographical references and index.

Print version record.

Acknowledgements; Introduction; Overview of the Book; Reconsidering Paradigms; Considered Opinion (Ra'y) versus Ḥadīth ; Comparing Mālik and Abū Ḥanīfa; Dissent in Early Islamic Law; The Relative Paucity of Legal Ḥadīth; Part One Mālik and the Medinese Tradition; Chapter One Mālik in Medina; Mālik's Medina and the World Beyond; Mālik's Teachers; Mālik as a Teacher and Jurist; Mālik's Works; The Muwaṭṭa'; The Mudawwana; Comparing the Muwaṭṭa' and the Mudawwana; Other Early Compendia of Mālik's Opinions; Chapter Two An Overview of Mālik's Legal Reasoning; Introduction.

Mālik's Use of the Qur'ānMālik, Ḥadīth, and the Sunna; The Disconnected Ḥadīth (al-Ḥadīth al-Mursal); Post-Prophetic Reports (Āthār); The Solitary Connected Ḥadīth (Ḥadīth al-Āḥād al-Musnad); Mālik's View of Consensus; Mālik and Regional Customs; Mālik's Utilization of Considered Opinion (Ra'y); Mālik's Use of Analogical Reasoning; Al-Shāfi'ī's Method of Legal Analogy; Analogical Reasoning on the Basis of Earlier Analogies and Standing Precepts; Legal Instruments Based on Inference (Istidlāl); Mālik's Use of Discretion (Istiḥsān); Illustrations of Mālik's Use of Discretion.

The Ḥanafī Method of DiscretionMālik's Use of Preclusion (Sadd al-Dharā'i'); Illustrations of Mālik's Application of Preclusion; Mālik and the Unstated Good (al-Maṣāliḥ al-Mursala); Illustrations of the Unstated Good; Chapter Three Critiques of Medinese Praxis; Theories on Praxis in Modern Studies; Formative-Period Polemics against Praxis; Abū Yūsuf's Critique of Hijazi Praxis; Al-Shaybānī's Polemic against the Medinese; Early Shāfi'ī Contentions Regarding Medinese Praxis; Critiques of Praxis in Post-Formative Legal Theory; Praxis in Ḥanafī Works; Praxis in Mu'tazilī Works.

Praxis in Shāfi'ī WorksPraxis from a Ẓāhirī Perspective; Generalizations about Praxis Seen through the Prism of Post-Formative Juristic Critiques; Chapter Four Medinese Praxis in the Eyes of Its Advocates; Introduction; The Correspondence of Mālik and al-Layth ibn Sa'd; Praxis in Mālikī and Ḥanbalī Works on Legal Theory; Categories of Medinese Praxis; Juristic Classifications of Medinese Praxis; Juristic Classifications of Praxis in the Light of Mālik's Terminology; The Medinese Community in Mālik's Eyes; Jurists as Heirs and Guardians of Praxis; Praxis and the Golden Mean.

Mimesis and Early Islamic PraxisGeneral Observations about Praxis and Legal Texts; Using Praxis to Distinguish Repealed (Mansūkh) from Repealing (Nāsikh) Texts; Using Praxis to Distinguish between Normative and Non-Normative Texts; Using Praxis to Distinguish Isolated from Habitual Actions; Using Praxis to Distinguish between the Prophet's Different Roles (Taṣarrufāt); Using Praxis to Modify and Supplement Textual Content; Part Two Mālik's Terminology in the Muwaṭṭa' and Mudawwana; Chapter Five Mālik's Terminology; Introduction; Theories Regarding Mālik's Terminology.

This book studies the legal reasoning of M?lik ibn Anas. It emphasizes that the Sunn? schools of law emerged during the formative period as independent legal methodologies.

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