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HoP 147 - Laying Down the Law – Ibn Hazm and Islamic Legal Theory

History of Philosophy Without Any Gaps

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The History of Judgment

Shafi'i was one of the great founders of Islamic legal theory. His groundbreaking epistle on legal theory attempted to show how apparent conflicts in the sources of the law can be resolved. He disdained independent decisions that went under the name Rahi, and allowed only what he referred to as reasoning in Arabic kias. This represents the second strategy where the jurist does exercise judgment but in a constrained and cautious fashion.

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