| Popis: |
The method of jadal that was originally applied to exclusively theological subjects later became used in jurisprudence. This is not surprising in itself, given the long and close association between theology and jurisprudence from the very beginning of Islamic thought. What is surprising is the way in which jadal took hold of jurisprudence and became an integral part of it. During the tenth century, there arose two genres of juristic literature, both of which were the products of the incursion of jadal in jurisprudence: works with the jadal method devoted to the uṣūl al-fiqh (Islamic legal philosophy or principles of law) and works devoted to the furūʽ (or case law). The former usually had the word jadal somewhere in their title while the latter were generally called ṭarīqa “method.” In what follows, we shall discuss works written on juristic jadal. The study is divided into three periods. The earliest preserved books on juristic jadal compose the first group; the second group is represented by assorted texts from approximately a century or so later when logic first became mated to jurisprudence; the third group is basically the group that shows the transition from strictly legal debate to the universal theory of debate represented by the R. al-Samarqandīya. |
