“Abu Bakr Ibn al-Mundhir, Amputation, and the Art of Ijtihad,” International Journal of Middle East Studies, 39.3 (2007): 351-68. (original) (raw)
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All praise is due to Allah who in His mercy has endowed me with the ability to complete this work on Islamic Jurisprudence. The Prophet Muħammad (may the peace and blessings of Allah be upon him) is reported to have said, "He who does not thank man has not thanked Allah." With these words in mind I am grateful to the following people. • I thank my supervisor Professor Yousuf Dadoo for his support and guidance. • I thank the immediate members of my family, my wife and parents for their support. • I am grateful to my teachers and colleagues. May Allah reward you greatly. Shoayb Ahmed 14 1.5. Validity of Ijtihād 15 Notes to Chapter One 17 Chapter Two The First Stage in the Development of Fiqh-The Period of the Prophet Muħammad (Developmental and Foundational Phase) 18 2.1. The first source, the Qur'ān 18 2.2. The second source, the Sunnah 19 2.3. Al-Ijmā‛ 23 2.4. Qiyās 23 A historical account of some of the rules that occurred before and after Hijrah Some Muftīs in the Prophets time. 31 Notes to Chapter Two 34 Chapter Three The Second Stage in the Development of Islamic Jurisprudence (From the death of the Prophet until the end of the second century) 37 3.1. Islamic Jurisprudence during the period of the rightly guided Khalīfs 38 3.1.1 Other jurists during the period of the Khalīfs. 40 3.1.2 Salient features of Islamic Jurisprudence at the time of the Khalīfs 41 3.2. The period of the senior and junior contemporaries of the Prophet's companions. 42 Some renowned Muftīs from among the companions in this period. 44 3.3. Were the companions all Mujtahid's? 45 3.3.1 Famous jurisconsults among the Tābi‛īn. 46 3.4. The classification of the jurists in two groups namely the Iraqis and the Ħijāzis. 48 6 3.5. The second century after Hijrah. 52 3.5.1 Some famous scholars (Mujtahids) in this era. 55 3.5.2 Other established judges and muftīs. 62 3.5.3 Some of Imām Abū Ħanīfah's students. 63 3.5.4 Some of Imām Mālik's students. 64 Notes to Chapetr Three 66