할락의 이슬람법리론 기원 소고(小考): 샤피이 기원론 비판의 의미
A Note on the Origination of Uṣūl al-Fiqh: The Implication of Hallaq’s Refutation of Al-Shāfiʿī as the Master Architect of Uṣūl al-Fiqh
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In his article “Was al-Shafiʿi the Master Architect of Islamic Jurisprudence?” Wael B. Hallaq refuted a decades-long scholarly assumption that al-Shāfiʿī was the founder of Uṣūl al-fiqh, for upon a close examination of the sources, historical evidence does not support it. Considering the implication of Hallaq’s claim in the study on the origination of Islamic jurisprudence, this paper shows how Hallaq reconstructed a history of Islamic jurisprudence in a fresh new light, arguing against continuity between al-Shāfiʿī’s theory and classical Uṣūl al-fiqh, and discusses the impact and implication of his new findings and interpretation.
Abstract
In his article “Was al-Shafiʿi the Master Architect of Islamic Jurisprudence?” Wael B. Hallaq refuted a decades-long scholarly assumption that al-Shāfiʿī was the founder of Uṣūl al-fiqh, for upon a close examination of the sources, historical evidence does not support it. Considering the implication of Hallaq’s claim in the study on the origination of Islamic jurisprudence, this paper shows how Hallaq reconstructed a history of Islamic jurisprudence in a fresh new light, arguing against continuity between al-Shāfiʿī’s theory and classical Uṣūl al-fiqh, and discusses the impact and implication of his new findings and interpretation.
참고문헌 (15)
- 박현도, "“이즈티하드(Ijtihād)의 문 폐쇄”에 대하여: 할락의 비판이 주는 의미와 파장", 한국이슬람학회논총, 25(2), pp.1~19 (2015), 한국이슬람학회
- Chaumont, E, "Encyclopaedia of Islam, Vol. 9", pp.181~185 (1997), Brill
- Coulson, N. J, "A History of Islamic Law" (1964), Edinburgh University Press
- Goldziher, Ignác, "Muhammadanische Studien. 2 Vols" (1889), Max Niemeyer
- Hallaq, Wael B, "Was the Gate of Ijtihad Closed?", International Journal of Middle Eastern Studies, 16(1), pp.3~41 (1984)
- Hallaq, Wael B, "On the Origins of the Controversy about the Existence of Mujtahids and the Gate of Ijtihad", Studia Islamica, 63, pp.129~141 (1986)
- Hallaq, Wael B, "Was al-Shafiʿi the Master Architect of Islamic Jurisprudence?", International Journal of Middle East Studies, 25(4), pp.587~605 (1993)
- Hallaq, Wael B, "A History of Islamic Legal Theories: An Introduction to Sunnī Uṣūl al-Fiqh" (1997), Cambridge University Press
- Hallaq, Wael B, "Authority, Continuity, and Change in Islamic Law" (2001), Cambridge University Press
- Hallaq, Wael B, "The Origins and Evolution of Islamic Jurisprudence" (2005), Cambridge University Press
- Lowry, Joseph E, "Studies in Islamic Legal Theory", pp.23~50 (2002), Brill
- Lowry, Joseph E, "The Epistle on Legal Theory: A Translation of al-Shāfiʿī’s Risālah" (2015), New York University Press
- Makdisi, George, "The Juridical Theology of Shāfiʿī: Origins and Uṣūl al-Fiqh", Studia Islamica, 59, pp.5~47 (1984)
- Schacht, Joseph, "The Origins of Muhammadan Jurisprudence" (1975), Oxford University Press
- Schacht, Joseph, "An Introduction to Islamic Law" (1982), Oxford University Press