이슬람법과 법학파의 형성에 관한 연구

Abstract

A short while after the expansion of the Islamic Empire began, Muslims realized that even the Koran and tradition(ḥadīth & sunnah) could not solve all controversial problems together, in certain juridical and ritual cases. Some of the Ulama had to turn to speculative methods based on human reason, ra'y. Besides the Koran and tradition, qiyās(analogy) and ijmā'(the consensus of the community) became the third and fourth sources of laws. In the two centuries after the Prophet's death, four legal schools, madhhabs, "Way", appeared in which different methods were developed for the solution of emerging problems in the Ummah(Community). The oldest school is that of the Iraqi Abu Hanifa. Slightly later appears Malik b. Anas in Medina. The third scholar with whom a madhhab is connected was Shafi'i, who took the first step towards a systematization of Islamic law. The last school was established by the hand of Ahmad b. Hanbal who is a pure traditionalist rather than a speculative jurist. The Four Schools have always existed side by side. In earlier centuries several other madhhabs were active, which were slowly integrated into the main schools. All the same, the reintroduction of the Sharia after the colonial interlude poses formidable problems, even when ijtihād is given free rein. Had the Muslim world not been colonised by Europe, Islamic Law might have developed in step with society. That was on the contrary artificially arrested. Therefore, Islamization almost inevitably looks like an attempt to put the clock back.