The Expansion of Legal Theory

Abstract

By the end of the fifth Islamic century (eleventh century CE), a consensus over the theoretical synthesis that al-Shāfi˓ī systematically developed in his Risālah was achieved. The majority of jurists in later generations accepted al-Shāfi˓ī˒s articulation of the sources of the law as a blueprint for Islamic legal theory. His quadruple classification of Islamic legal sources into the Qur˒ān, the Sunnah, ijmā˒, and qiyās became the keystone of the Sunnī legal methodology. Those who did not subscribe to this framework remained a minority that was often criticized by the overwhelming majority.1 Although the methodology that was built on this basic structure continued to evolve over time, al-Shāfi˓ī˒s initial imprints were always recognizable and he was often credited as its original founder. Gradually, more items were added to the list of legal sources with much disagreement on their order and authority relative to the basic four sources.KeywordsLegal TheoryLiteral MeaningLegal ConceptPractical CustomOriginal CaseThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.