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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory. Biographical note Amr Osman, Ph.D. (2010), Princeton University, is Assistant Professor of Islamic History at Qatar University. His publications include Adalat al-Sahaba: The Construction of a Religious Doctrine, and Human Intervention in Divine Speech: The Waqf Rules and the Redaction of the Qur’anic Text. Readership All interested specifically in the Ẓāhirī madhhab and generally in Islamic law and legal history, as well as those interested in comparative legal and religious hermeneutics.
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The Ẓāhirī Madhhab (3rd/9th–10th/16th Century) Studies in Islamic Law and Society Founding Editor Bernard Weiss Edited by Ruud Peters and A. Kevin Reinhart VOLUME 38 The titles published in this series are listed at brill.com/sils The Ẓāhirī Madhhab (3rd/9th–10th/16th Century) A Textualist Theory of Islamic Law By Amr Osman LEIDEN | BOSTON Library of Congress Cataloging-in-Publication Data Osman, Amr, 1978- author. The Zahiri Madhhab (3rd/9th-10th/16th century) : a textualist theory of Islamic law / by Amr Osman. pages cm. — (Studies in Islamic law and society) Revised version of the author’s doctoral thesis—Princeton University, 2010. Includes bibliographical references and index. ISBN 978-90-04-27619-2 (hardback : alk. paper) — ISBN 978-90-04-27965-0 (e-book) 1. Islamic law. 2. Zahirites—History. 3. Islamic sects. I. Title. KBP250.O86 2014 297.1’401815—dc23 2014020979 This publication has been typeset in the multilingual ‘Brill’ typeface. With over 5,100 characters covering Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see brill.com/brill-typeface. issn 1384-1130 isbn 978 90 04 27619 2 (hardback) isbn 978 90 04 27965 0 (e-book) Copyright 2014 by Koninklijke Brill nv, Leiden, The Netherlands. Koninklijke Brill nv incorporates the imprints Brill, Brill Nijhoff, Global Oriental and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill nv provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, ma 01923, usa. Fees are subject to change. This book is printed on acid-free paper. Contents Acknowledgements vii Introduction 1 PART 1 The History of the Ẓāhirī Madhhab 1 Dāwūd al-Ẓāhirī and the Beginnings of the Ẓāhirī Madhhab 11 1 Life and Doctrines 11 2 Teachers and Students 22 3 Muḥammad, Son and Student 35 4 Conclusion 45 2 The Spread and Retreat of the Ẓāhirī Madhhab 48 1 Third/Ninth- and Fourth/Tenth-Century Ẓāhirīs 49 2 Fifth/Eleventh-Century Ẓāhirīs 60 3 Sixth/Twelfth- and Seventh/Thirteenth-Century Ẓāhirīs 65 4 Ẓāhirīs after the Seventh/Thirteenth Century 73 5 Ibn Ḥazm al-Andalusī (456/1064) 77 5.1 Life and Doctrines 77 5.2 The Ibn Ḥaz