framework disagreed on individual issues but also that these sources in fact

Framework disagreed on individual issues but also

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framework – disagreed on individual issues, but also that these sources in fact contradict the Ma lowbar5 likı lowbar45 position that claims to be based on 88 Umm , 8:513–778. 89 Al-Sha lowbar5 i ı lowbar45 ’s interlocutor in Ikhtila lowbar4 f Ma lowbar4 lik is either al-Rabı lowbar45 b. Sulayma lowbar5 n or, according to Abu lowbar3 Bakr al-S dot8 ayrafı lowbar45 (d. 330/941), Abu lowbar3 Ya qu lowbar3 b al-Buwayt dot4 ı lowbar45 ; see Ibn al-S dot8 ala lowbar5 h dot8 al-Shahrazu lowbar3 lowbar45 , T dot10 abaqa lowbar4 t al-fuqaha lowbar4 al-sha lowbar4 i iyya , ed. Muh dot8 ı lowbar45 al-Dı lowbar45 n Alı lowbar45 Najı lowbar45 b, 2 vols. (Beirut: Da lowbar5 r al-Basha lowbar5 ir al-Isla lowbar5 miyya, 1992), 2:683. Within the text the interlocutor appears to be al-Rabı lowbar45 , but this may be the effect of al-Rabı lowbar45 transmitting al-Buwayt dot4 ı lowbar45 ’s irst-person report of the debate. 90 Appointed governor of Medina by Mu a lowbar5 wiya, died in ofice; see Khayr al-Dı lowbar45 n al-Ziriklı lowbar45 , al-A la lowbar4 m , 8 vols. (Beirut: Da lowbar5 r al- Ilm li-l-Mala lowbar5 lowbar45 n, 1980), 3:96. Cambridge Core terms of use, available at https:/ . Downloaded from https:/ . NYU Medical Center: Ehrman Medical Library, on 30 Jan 2017 at 19:30:54, subject to the
Debates on Hadith and Consensus 65 them: though Ma lowbar5 lik believed, along with Ibn Umar, that an escaped slave should forfeit his hand for theft, he also held that a slave owner was not permitted to carry out a punishment not sanctioned by the authorities. 91 Addressing his Ma lowbar5 likı lowbar45 interlocutor in Ikhtila lowbar4 f Ma lowbar4 lik , al-Sha lowbar5 i ı lowbar45 queries: Where is amal here? If it is the practice of the governor, then Sa ı lowbar45 d was not of the opinion that the hand of the runaway slave who stole should be amputated, while you believe that it should be amputated. Or if amal is established by Ibn Umar’s opinion, then [know that] Ibn Umar amputated his hand, while you are of the opinion that one is not allowed to do so [if the authorities disagree]. So I cannot comprehend what you mean when you say “ amal ,” nor do you seem to know it yourself according to what you have told me, nor could I ind clariication with any one of you about what amal or consensus ( ijma lowbar4 ) are. I am forced to con- clude, then, that you simply call your own opinions “ amal ” and “consensus.” 92 What al-Sha lowbar5 i ı lowbar45 points out in this passage is that the anonymous “ amal of Medina” cannot in fact produce a single coherent result: it contains multiple contradictory voices but does not offer any systematic method for adjudicating among them. 93 Although Ma lowbar5 lik did, as seen in the previ- ous chapter, recognize complex gradations within the body of material upon which amal was based, these gradations did not translate into a reproducible methodology of rule derivation. The reasons why certain sources – prophetic reports, scholars’ opinions, and so on – were accepted

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